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Pre-trial settlement

Pre-trial settlement is an opportunity to resolve a dispute through direct negotiations between the parties without going to court. This approach allows the conflict to be discussed with the support of a lawyer or a neutral mediator and a mutually acceptable solution to be reached. In practice, pre-trial settlement is often formalised in the form of mediation, a procedure in which the parties interact with the participation of a professional mediator who helps to find a balanced solution to the conflict.

The result may be an amicable agreement that is documented and satisfactory to both parties. This is especially relevant in commercial activities, where disagreements with partners, customers, suppliers or other counterparties can be resolved faster, cheaper and without loss of business relations.

Mediation as a form of pre-trial settlement allows you to retain control over the result, avoid court costs and get out of the conflict with minimal losses.

Specialists of ILB International Law Bureau have practical experience in mediation and help clients to resolve conflicts peacefully. We observe the principles of neutrality, impartiality and complete confidentiality, striving to ensure that each party is heard and satisfied with the result. By contacting us, you get a professional approach, attentive attitude and a real opportunity to resolve the conflict without court.

Why is pre-trial settlement advantageous?

Saving time and money

No need to spend resources on lengthy court proceedings, state fees, lawyers and experts
Risk mitigation

Unlike in court, where there are no guarantees, mediation gives the parties the opportunity to control the outcome themselves
Preserving business reputation and relationships

The dispute is resolved confidentially and without public proceedings
Flexibility in the solution

It is possible to negotiate terms that the court would simply not be able to approve
Confidentiality

All negotiations take place without publicity, which is important to protect the reputation of the business.

When is a pre-trial settlement used?

If provided for by the terms of the contract
If the dispute has just begun and the parties are seeking to resolve it amicably
At the initiative of one of the parties - to minimise conflict and costs
When an urgent or confidential solution is needed
When corporate or tax disputes arise where the judicial perspective is not obvious

It should be noted that pre-trial dispute resolution is not just a possibility, but a legal requirement. No court will accept a claim without proof that the parties have made attempts to resolve the conflict out of court. This is a mandatory condition stipulated by most national legal systems. The absence of this clause raises serious questions.

How does the pre-trial settlement process work?

1. Collection of documents

To begin with, it is important to collect all the papers supporting your position: contracts and deeds; correspondence (including electronic); invoices, cheques, receipts( written attempts to reach an amicable agreement (claims, letters, etc.).

2. analysing the situation

The lawyer examines the materials and determines the chances of resolving the dispute out of court

Negotiations with the other party

Direct negotiations are underway. Conditions, possible concessions and compromises are discussed

Mediation (at the request of the parties)

If the parties cannot reach an agreement on their own, an independent mediator can be involved.

Signing an agreement
(if agreed)

The results of the negotiations are formalised in writing - this may be a settlement agreement or other agreement between the parties

If no agreement can be reached - preparation for trial

The lawyer prepares a statement of claim and gathers all the evidence to submit to the court. At the same time, the possibility to continue negotiations remains open

Lawyers of the International Law Bureau ILB:

Conduct a legal analysis of the dispute
Drafting claims and responses to them
Calculate the amount of penalties
Assess possible legal and reputational risks
Propose a negotiation strategy

Do you want to take advantage of the pre-trial dispute resolution option?

We help companies and entrepreneurs effectively resolve disputes out of court - including complex commercial, tax and corporate matters.

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