Pretrial claim

A pre-trial claim is one of the effective tools for resolving disputes between parties without going to court. It provides for the possibility of resolving the conflict through dialogue and negotiations between the Parties. In this regard, it is important to consider the meaning of a pre-trial claim, the procedure for submitting it and the features of its use.

• The meaning of a pre-trial claim

A pre-trial claim is a written request from one party to the other demanding the resolution of a certain dispute or conflict (Article 222 of the Economic Code of Ukraine). It may require compensation for damages, a refund of funds, the performance of certain actions, or the avoidance of certain actions. The purpose of a pre-trial claim is to resolve the conflict through a voluntary agreement between the parties without going to court.

• Procedure for filing a pre-trial claim

The procedure for filing a pre-trial claim includes the following steps:

a) Preparing a claim: A party wishing to present a pre-trial claim must draw up a written document clearly stating its claims, arguments and demands to the other party.

b) Sending the claim: Once the claim is prepared, it is sent to the other party by mail or email. Dispatch may be made with acknowledgment of receipt. (Part 5, Article 222 of the Economic Code of Ukraine).

c) Response period: The other party has a certain period for consideration and response to the pre-trial claim. This term may be defined by law, contract, or determined by the parties. (Part 7, Article 222 of the Economic Code of Ukraine)

d) Negotiations: After receiving a response to the claim, negotiations can begin between the parties to achieve a peaceful settlement of the conflict.

• Features of using pre-trial claims

A pre-trial claim is an important stage of dispute resolution and has its own characteristics:

a) Principles of good faith and mutual responsibility: The parties must act in good faith and mutual responsibility during the pre-trial settlement of the dispute.

b) Legality and argumentation: A pre-trial claim must be based on legal grounds and be supported by arguments and evidence.

c) Transparency and Documentation: All negotiations and agreements between the parties must be clearly documented to avoid further misunderstandings.

• Alternatives and benefits of pre-trial claims

Along with the judicial route, a pre-trial claim provides the parties with another opportunity to resolve the conflict. It is important to consider the benefits of this approach:

a) Saving time and money: Filing a pre-trial claim avoids lengthy and costly legal proceedings, which can save significant time and money for both parties.

b) Preservation of the relationship: Pre-trial settlement of the dispute allows the parties to preserve the business relationship, which can be especially important in cases where the parties have a long-term or mutually beneficial relationship.

c) Flexibility in dispute resolution: Pre-trial claims allow the parties to independently negotiate and agree on the terms of the dispute settlement, which can lead to a more favorable resolution for both parties.

d) Preservation of reputation: In cases where the dispute concerns business reputation, the solution can help avoid negative impact on the image of the parties and their business partners.

Pre-trial claims play a significant role in resolving disputes between the parties, giving them the opportunity to independently resolve the conflict through negotiations and agreements. It is an effective tool for reducing the burden on the judicial system and maintaining relations between the parties.

The law firm “Prikhodko & Partners” can provide services for writing a claim, providing its clients with a professional and qualified approach to resolving legal issues. Some of the possible services that a law firm can offer when writing a claim include:

Advice on legal position: A law firm can provide the client with advice on legal issues related to the situation that necessitated the filing of a claim. This will help the client understand their rights and options for resolving the conflict.

Legal analysis of documents: Our Law Firm can conduct a detailed analysis of the factual circumstances of the case and documents related to it to prepare the basis for drawing up a pre-trial claim.

Drawing up a claim: The law firm Prikhodko & Partners has experience in writing many legal documents, including claims. She can prepare a detailed and reasoned claim, taking into account all the necessary legal aspects.

Negotiation: Competent lawyers of our company can represent the interests of the client during negotiations with the other party, guiding them to achieve a settlement of the dispute out of court.

Preparation for the trial: If the conflict is not resolved voluntarily, the law firm can prepare the client for the trial, including drafting statements of claim, collecting the necessary evidence and representing the client’s interests in court.

Contacting our law firm is an effective step for those who are looking for qualified assistance in resolving legal issues. The services of our law firm are aimed at achieving an optimal resolution of the dispute and protecting the rights and interests of clients, providing peace of mind and confidence in the future.