Many believe that any conflict can be resolved without going to court. Sometimes it is even beneficial for both parties. The lawyers gave the name "pre-trial settlement of the dispute" to this option of reconciliation. What is it and what is the advantage of this method? It is necessary to talk about this in detail.
Essence of the question
In life, there are often situations when individual citizens or organizations, interacting with each other, do not find a common language. As a result, a conflict or dispute arises, which we must try to somehow resolve. But neither side, considering itself absolutely right, does not want to concede, but only blames the enemy. Such a confrontation can only be resolved in two ways: through the court or not reaching it. The first option is familiar to everyone. It provides for the filing of a lawsuit and a long trial pending a final fair decision. The second is much simpler. This is a pre-trial settlement of the dispute.
Here the decision can be made through negotiations or appeals to the competent authorities. What is the advantage of this method? Firstly, pre-trial settlement of the dispute can significantly save time. No need to wait for the next meeting. Sometimes the issue is resolved by regular short correspondence. Secondly, this option is much cheaper. Parties to the conflict do not need to pay legal costs and state fees. Thirdly, after reconciliation, the parties may well maintain good partnerships. Already these reasons are enough to not rush to go to court.
Process
Choosing the second option, the parties to the dispute should understand what actions they will have to take to finally resolve the conflict. Usually, pre-trial settlement of a dispute provides for the following possible stages of work:
- Legal advice (written or oral).
- An analysis of the current situation, during which it is possible to study in detail the essence of the conflict and the reasons for its occurrence.
- Legal assessment of the problem. Here it is necessary to decide whether it is possible to resolve the conflict without resorting to court assistance.
- Development of a strategy for further action.
- Drawing up letters of complaint or protests to the opposing party or to the relevant authorities.
- Responses to claims received.
- Negotiating to work out a mutually beneficial solution.
- Documenting the agreement.
Such serious events are best done with the help of a lawyer. If a conflict between organizations is considered, then they have their own lawyers who are obliged to deal with such issues.
Type of document
In different ways, you can draw up a pre-trial settlement of the dispute. A sample of the first document (claim letter) should look something like this:
- In the upper right corner, the name and details of the authority to file a claim.
- Next, after the title of the document is the main text. In it, the applicant sets out the circumstances of the case and gives them his assessment.
- It ends with the proposals of the initiating party, which, in its opinion, it considers the most acceptable.
The claim is made on letterhead, if it is a matter of considering the confrontation between the two organizations.
Such an official appeal must be signed by the head of the company and confirmed by the round seal of the enterprise. If one of the parties is an individual, then she can attract an external specialist for this work. Of course, after all, it is difficult for a citizen to solve problems without having certain skills in this.
Right choice
When faced with a similar situation, the parties often wonder if pre-trial settlement of the dispute is necessary. To answer this question, you need to know that this type of conflict resolution can be both voluntary and mandatory.
It all depends on the circumstances. The parties must certainly carry out such actions in two cases:
- If such is provided for by a contract or other document, on the basis of which the parties to the conflict interact with each other.
- Sometimes, when applying to the court, it is required to confirm that the parties tried to resolve the conflict themselves.
In other cases, pre-trial settlement of a controversial issue is an independent and voluntary desire of at least one of the parties. It is she who becomes the initiator of a showdown in this way. But even in the case when the negotiations do not give the desired result, you should not immediately go to court. You can first try to involve the competent authorities by contacting them with a request or complaint.
