Pre-trial dispute resolution
Some types of disputes require mandatory pre-trial settlement. If the claimant fails to follow the legal procedure, the court may refuse to accept the claim.
Even when not legally required, pre-trial settlement remains an effective method for resolving disputes. If the defendant sees that the law favors the applicant, it is easier to reach an agreement without going to court.
Resolving disputes out of court helps reduce legal costs. Otherwise, the court may additionally recover lawyer fees, state duties, and expert costs.
What Does the Pre-Trial Settlement Process Include?
The standard pre-trial dispute resolution procedure includes:
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Preparing strong evidence;
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Drafting a formal written claim;
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Sending the documents to the defendant;
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Receiving and analyzing the response;
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Preparing court documents, if needed.
If the defendant refuses to settle voluntarily, the claimant can file a lawsuit. In court, each party must present its evidence and arguments.
When Is Pre-Trial Settlement Mandatory?
In some cases, the law requires pre-trial procedures.
The claimant must prove that they made an attempt to resolve the dispute peacefully.
Mandatory pre-trial settlement is necessary in cases such as:
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Recovering loans under contracts or pledges;
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Collecting tax penalties or administrative fines;
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Terminating contracts or changing contract terms.
Such requirements apply mainly to courts of general jurisdiction.
In arbitration courts, the claimant must also prove an attempt to settle unless the law exempts it.
Legal Services for Pre-Trial Dispute Resolution
During the pre-trial settlement process, our lawyers provide:
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Legal consultations and case analysis;
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Assessment of mandatory pre-trial requirements;
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Preparation and organization of evidence;
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Drafting and submission of claims;
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Assistance in serving claims to the defendant;
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Initiation of litigation if needed.
It is better to entrust claim preparation to an experienced lawyer.
Professionals can deliver claims correctly, even if the defendant tries to avoid receiving them.
Assistance of DTK Partners
It is important to respect the statute of limitations during pre-trial settlement. If the deadline is missed, you might lose the right to file a lawsuit.
Defendants sometimes delay communication to gain time. Timely preparation of strong evidence can convince the other party to settle without trial.
DTK Partners Law Firm offers professional assistance with pre-trial dispute resolution in Moscow, throughout Russia, and internationally. Our experienced lawyers will help you resolve conflicts effectively and avoid costly litigation.