In today's world, as always, there are such situations when it is considered in court.Is it possible to solve such situations by other methods?Of course you can.
When possible to settle the dispute?
Pre-trial settlement of disputes may be present in any situation where one of the parties wants to finish the job in peace, by bringing clear and reasoned justification of bad consequences of proceedings in court.This takes into account a lot of indisputable advantages, on which there is dispute settlement.
What it is characterized?
Dispute Resolution voluntarily or necessarily before the case is referred to a court, has the following characteristics:
- small material costs, since it is not required to pay registration fee and legal fees / attorneys for their assistance in court;
- more likely to maintain friendships and partnerships;
- operative pre-trial settlement of disputes;
- the absence of publicity, as there is no need to participate in high-profile proceedings;
- the absence of an already established process of law in most cases.
What caused unwillingness to conciliation?
Pros are clearly visible, but the lack of counterparties or the official public authority wishes to make concessions can be caused by a variety of reasons.Judicial protection of rights is only a small part of disputes that appear in business, since most conflicts to be regulated before the trial.For example, the resolution of tax disputes.Introduced conflict between business partners can be resolved in the early stages of claims by saying to each other.
What is the task of those who are trying to solve the conflict?
main task appears to report information on the impact of the opponent's behavior, which is contrary to the law, the conviction that the trial does not make sense, and that such an approach has no adverse effects.Pre-trial settlement of disputes suggests that the prospect of introducing a penalty, damages for loss of profits, legal costs, disputed the party, as a rule, is reviewing the situation.It thus comes to the conclusion that it is better to fulfill their obligations and pass the pre-trial settlement of disputes.
What is the order of the procedure?
- study materials and circumstances of the dispute;
- analysis of the situation on the basis of submitted documentation;
- assessment of the dispute in terms of the law;
- develop a strategy of pre-trial settlement;
- realization of preparation of objections;
- negotiations;
- providing the necessary legal support in the implementation of the agreement.
If you could not solve the conflict peacefully?
As if to settle the dispute out of court through negotiations still does not work, then the organization can provide you with protection in court of any jurisdiction, including the highest court.
