Pre-trial dispute resolution
Some types of disputes require a mandatory pre-trial settlement. In case of refusal to comply with the requirements, the court will refuse to accept the statement of claim for consideration.
Even in cases not established by law, pre-trial settlement is an effective method of resolving disputes. If the potential defendant understands that the law is on the side of the applicant, it is easier to agree to a resolution of the conflict without a court.
This will help reduce costs. Otherwise, the court will additionally recover the costs of a lawyer, a state duty, and experts.
Pre-trial dispute resolution
The pre-trial settlement procedure includes:
- Preparation of evidence.
- Making a written claim.
- Sending documents to the defendant.
- Getting an answer.
- Paperwork in court.
If the defendant refuses on a voluntary basis, the plaintiff may appeal to the court. In this case, each of the parties will prove its point of view in the trial.
The situation is more complicated if the law provides for a pre-trial settlement obligation. In this case, the plaintiff must prove to the court that he took measures to solve the problem peacefully.
In this situation, a qualified lawyer will help you. Mandatory pre-trial procedure is provided in the following cases:
- when collecting a loan under a contract or on pledge;
- in collecting tax penalties and various fines;
- upon termination of contracts or changes in the terms of the contract.
These requirements are relevant in relation to appeals to a court of general jurisdiction. When applying to the arbitral tribunal, the reverse principle applies. The applicant must prove that he tried to solve the problem peacefully, unless the law expressly states that this is not necessary.
Legal services for pre-trial settlement of disputes
In the process of pre-trial settlement, the lawyer will provide the following services:
- conducting legal advice;
- identification of the need for mandatory pre-trial settlement;
- selection and formation of evidence base;
- preparation of a claim;
- assistance in submitting a claim;
- initiation of litigation (in case of defendant’s refusal).
It is advisable to entrust the preparation of the claim to a lawyer. It is also easier for a specialist to hand it over, since the defendant may avoid receiving a claim from the customer.
Assistance of DTK Partners
In pre-trial settlement, it is important to remember the statute of limitation. By delaying the filing of a claim, you can expire the period of statute of limitation. In addition, the defendant often deliberately delays time.
In order for the issue to be decided in the pretrial order, it is necessary to prepare strong evidence. In this case, the defendant will understand that the court will side with the plaintiff.
DTK Partners Law Agency can assist you in the process of pre-trial settlement in Moscow, throughout the country and abroad. The lawyers of DTK Partners will help you to avoid costly and time consuming litigation