Pre-trial settlement of disputes

Global trade is becoming increasingly sophisticated and fast-moving, requiring flexible, agile dispute-resolution methods. In a commercial contractual relationship, no party wants to end up in a dispute, but if one does arise, a quick and efficient resolution is essential to allow the parties to focus on what matters most – their core business. Court proceedings might be a slower option, and they are not confidential – unlike mediation or pre-trial settlement, where both the process and the award are kept confidential. 

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.

A pre-trial settlement of the case is possible only by agreement of the parties, and it has many advantages:

  • The possibility of maintaining a partnership or friendly relationship with the second participant in the dispute.
  • The case is resolved much more quickly because it does not depend on the court’s hearing schedule.
  • An out-of-court settlement is economically advantageous for both parties. The plaintiff is more likely to recover for material or moral damages, lost profits, etc., while the defendant does not have to pay court fees, state duties, fines, or other payments.
  • When a case is decided out of court, the parties are likely to remain on good terms, though this can seem impossible until the case is heard.

    Economic disputes cover conflicts arising from economic activity, and administrative conflicts arising from the actions of authorities.

    In Ukraine, there are several approaches to resolving disputes before going to court. One way is to file a claim, which is a written demand from the other party to perform obligations or to 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 can choose an arbitral tribunal to hear their case and render the final decision. 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.

    SLA Attorneys will carry out a specific list of actions to assess the possibility of a peaceful settlement of the dispute. A reasoned statement to the confronting parties of possible scenarios for the development of the conflict is simply necessary for the right choice in achieving a potential compromise.

    The pre-trial settlement of conflicts involves the professional assistance of lawyers who can help you resolve all disputes and handle all paperwork and documents.

    SLA Attorneys has extensive experience resolving such disputes, which enables them to select the most effective arguments in a given situation. In the course of pre-trial proceedings, experts resolve the conflict peacefully, eliminating misunderstandings among all parties to the dispute.

    The settlement of conflict situations is a specialized procedure that requires compliance with specific rules and regulations.

    For detailed explanations regarding the process of pre-trial settlement of conflicts, please contact us in any way convenient for you:
    Call: +380 (68) 856 98 51
    Write to e-mail: info@semperlegal.com

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