Pre-trial disputes and their resolution
A party has certain demands to the other party, the latter is ready to consider those demands and, perhaps, to satisfy them, but normally on some other conditions.
At this point, it’s much better to turn for help to a professional lawyer for settlement of all the legal matters, reliable protection of your interests and the legitimate consolidation of agreements reached, if there are any.
Otherwise, you will have to deal with the court.
However, the resolution of a dispute in pre-trial order has significant prospective advantages:
- the possibility of considering a dispute in court is being blocked, which keeps you from the following expenses: representative expenses, state duty fees and other court expenses;
- the period of a dispute resolution becomes shorter;
- there is no need to prepare a package of documents necessary for the trial process;
- predicted resolution of a dispute on conditions acceptable for you;
- saving your nerves at the stage of a representative search and during the trial;
- objective acknowledgement of risks at the stage of execution of the agreements reached, unlike unpredictable actions of bailiffs.
Pre-trial settlement of a dispute with participation of a qualified and experienced specialist is useful for both the party that has demands, and the one that has obligations, and this fact is determined by the following:
- claims, filed against you, may be of a legal nature and an emotional one and it’s necessary to distinguish them. Better if you let a professional to do it;
- claims, filed against you normally contain not only basic, but also additional costs, related to the repayment of interest, fees for legal support, etc. All the costs and expenses may be calculated only by an experienced lawyer;
- any situation should not be considered only from the side of existing requirements, but it is also necessary to pay attention, including the attention of the other party, to the presence, absence or limitation of the possibility of fulfilling the claims made against you.
Within a pre-trial dispute, it is necessary to keep an eye open for following the procedure itself, as a step towards possible judicial resolution of the conflict, which is due to:
- existence of a written claim;
- proof of issue or serving of the claim;
- compliance with the terms of its settlement.
A claim, as a procedural document, shall contain:
- name and reference details of the addressee of the claim;
- grounds for the claim (legal and/or contractual);
- the matter of the claim;
- the available time limit for execution;
- own requisites for execution of a monetary claim (if there is any).
The complex approach to resolution of your matter upon legal positioning focused on pre-trial resolution of the existing conflict both on the part of the person who make claims and the person who has claims asserted against him, will help not only to take into account all the aforementioned nuances from both the legal point of view and from the perspective of current experience.
The lawyers of the Moscow Bar Association “MAGNETAR” residing in Moscow, have been engaged in solving such disputes for many years and are able to provide you qualified legal support, both in pre-trial disputes and in courts of any level, if necessary.