Judicial and alternative dispute resolution in Kyiv. Resolution of disputes by professional lawyers.
The offense should not be equated with a trial.
For example, in cases of infringement of intellectual property rights, most disputes can be settled pre-trial.
For Ukraine, the procedure for pre-trial settlement of disputes is not mandatory, although in some countries this stage is mandatory. After all, it is more profitable for the state to settle a conflict in a pre-trial procedure than a classic appeal to a court. And for the parties, it may be less costly and time consuming.
The most relevant in 2020 is the filing of a claim / claim against the offender regarding the increase in illegal actions. This action can lead to a peaceful settlement of the dispute.
The claim or claim must contain:
- the essence of the violation
- providing evidence of the offense
- confirmation of the owner’s rights
requirements for the offender
Often after writing a claim and handing it over to the offender, the dispute is resolved without trial. It often happens that the offender was not aware of your rights (for example, intellectual property rights). And after receiving the claim, he will immediately stop the illegal actions on his part. After all, realizing the consequences, most will not want to settle the dispute in court.
If the offender does not react in any way to the method of pre-trial settlement of disputes, our lawyers can bring this dispute to court or administrative proceedings. Having prepared a complete package of evidence and accompanying all courts.
Judicial settlement of a dispute – there are services for judicial representation of a party’s position in a court of the relevant jurisdiction: civil, administrative, commercial, etc.
Absolutely any lawsuit affects the interests of the client. A comprehensive and individual approach is required for each individual case. Judicial resolution of the dispute involves a full analysis of the case and all the circumstances that may affect the outcome directly or indirectly. Before deciding to resolve a dispute in court, it is necessary to analyze information about the timing, budget, and possible options for resolving the dispute.
Our company specializes in providing services for the legal protection of the rights and legitimate interests of clients in court at all stages of proceedings in relevant areas of law.
But resolving the case in court is far from the only way out of the conflict. It is much easier and faster to resolve a dispute out of court – by contract. Judicial and alternative dispute resolution. As practice shows – it saves both financial and time assets. In most cases, this is more effective.
Alternative dispute resolution is an opportunity to resolve a dispute out of court. First of all, negotiations are underway to reach a joint decision and find a compromise for further cooperation. Similarly, the parties when signing contracts may indicate that all disputes will be considered in arbitration, which will form a body (Arbitration Court) on a permanent basis or for a specific case. Another way of pre-trial settlement of a dispute is mediation – when a third party that is not interested is involved in the conflict, which acts as a mediator in the dispute and helps to come to the right decision. Detailed information from our managers by phone listed on the site.
Another alternative way of resolving disputes is mediation.
Mediation is an effective method of alternative dispute resolution, in which a third party (mediator) participates, it is a mediator in these disputes. The mediator uses a certain negotiation technique, in which the parties to the process come to a decision that will satisfy them. The mediator does not participate in the decision-making.
Mediation aims to assist the parties to the conflict in a strictly confidential and out-of-court procedure in finding a solution that suits their interests. The parties under the leadership of the mediator are active participants in the mediation process and work responsibly to resolve the conflict.
Principles of mediation: voluntariness, confidentiality, neutrality of the mediator, responsibility of the parties, mutual respect and equality of the parties, openness of the result.
What does a mediator do?
The role of a mediator is different from the role of a lawyer or consultant, a mediator:
- is obliged to be neutral and keep confidential the information received, and also cannot act as the witness in court protecting private interests of the parties
- focused on reaching clear agreements between the parties to the conflict
- focused on the future that the parties to the conflict would like to see
responsible for the structure of the mediation process and controls it, but does not affect its outcome
Should a pre-trial settlement be attempted in the event of a dispute?
Definitely yes, this procedure is less costly and will take much less time.
When is the use of mediation possible?
If the personal relationship and the emotional side of the conflict have a strong influence on the situation (as, for example, in family, hereditary and other relationships) when a legal dispute can cover only part of the problem, and you need to develop a comprehensive solution; when the main interests are the future interests of the parties to the conflict, as well as the importance of maintaining communication in the future (for example, communication with children after divorce, etc.), rather than legal claims related to the past; if the conflict (dispute) consists of complex situations that cannot be resolved in the interests of both parties by law; parties prefer to maintain complete confidentiality, and lawsuits are usually public, etc.
How we can help
- Counseling at the initial stage of the dispute
- Legal analysis of existing legal relations
- Development of tools for pre-trial settlement of disputes
- Legal support for pre-trial settlement of the dispute
- Contractual conflict resolution
- Legal assessment of the position in the case
- Representation in the courts