Publication date: 29.05.2024
lawyer, 23 years of experience in enforcement.
Pre-trial settlement of disputes.
The process of pre-trial dispute resolution includes various strategies for resolving conflicts between the parties without going to court. Its main purpose is to promote a peaceful solution. It is important to emphasize that our legal service "Consultant" provides priority resolution of disputes in a pre-trial procedure in order to save time and money of our clients. We value our reputation highly and constantly strive to provide quick and satisfactory results for our clients, ensuring their maximum satisfaction with our legal services.
Pretrial dispute resolution encompasses two main methods: 1) negotiation, where the parties to the dispute communicate directly to reach a common resolution, and 2) alternative dispute resolution (eg, mediation), which involves the involvement of an impartial third party to provide a fresh perspective and offer guidance in the search for a solution .
Resolving disputes through out-of-court settlement has several advantages: - Efficiency - settling disputes out of court is usually a much faster process than going through the court system. - Economic efficiency - choosing a pre-trial settlement can lead to significant savings in legal costs for all parties involved.
- Preservation of confidentiality: resolving disputes in court ensures that the details of disagreements remain within the privacy of the participants.
- Preservation of relationships: choosing a pre-trial settlement allows the parties to protect their business or personal relationships.
ADR, also known as Alternative Dispute Resolution (ADR), can be used in a wide range of cases. ADR applies to different types of disputes, which include:
- Civil disputes cover various matters such as contractual matters, matrimonial disputes, inheritance disputes, etc.
Economic disputes cover conflicts that arise in connection with economic activity, and administrative - conflicts that arise as a result of the actions of authorities.
In Ukraine, there are several approaches to resolving disputes before going to court. One way involves filing a claim, which is a written demand from the other party to perform obligations or compensate for damages. Another option is mediation, where a neutral third party helps the disputing parties reach a mutually acceptable resolution. In addition, the parties involved can choose an arbitral tribunal, where their case will be heard and the final decision will be made. To participate in arbitration, the parties must have an arbitration agreement, which is a written document that sets forth their agreement to resolve all or some disputes through arbitration. This agreement can be a separate document or part of a contract.
In Ukraine, the role of the state in resolving disputes before they reach court is emphasized by law. The Civil Procedure Code of Ukraine, namely Article 16, obliges the parties to make efforts to resolve disputes out of court. In addition, Article 111 of the Family Code of Ukraine emphasizes the court's ability to facilitate the reconciliation of the parties, if it is in their interests. This approach is consistently applied in various areas of legislation.
The legal service "Consultant" will select a lawyer or an attorney who will conduct a legal analysis of the situation, form an appropriate procedural document (application, statement of claim, petition, etc.), and also help in collecting the evidence base for the most effective resolution of the issue. Service specialists will accompany the process from the beginning to the execution of the court decision. They will also provide advice and help in solving such issues as: preparation of a settlement agreement with a creditor, removal of seizure from real estate and funds, Removal of attachment from real estate, bankruptcy of an individual, debt reduction, etc.
