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Pre-trial proceedings are aa process in which the parties to civil law relations make attempts to resolve the disagreements that have arisen without resorting to court. In this case, pre-trial proceedings can be implemented independently or with the involvement of a professional intermediary, who is also called a mediator. In some cases, the parties to the civil law contract provide for mandatory pre-trial proceedings in the form of a claim procedure in the text of the concluded agreement. In addition, the procedure for self-coordination of disputes is possible in the absence of an agreement (for example, when obligations arise because of causing harm).

Negotiation and claims procedure for resolving disputes

The main types of pre-trial proceedingsthe negotiation process is considered, as well as the sending by the interested party of the obligation of a written claim, the receipt of a response to it. If there is a separate condition in the civil law agreement on the mandatory direction of the claim before going to court, this rule becomes binding on the parties. If the preliminary direction of the claim does not follow, then the court simply will not consider the dispute that arose under such an agreement. Nevertheless, the condition for a negotiated settlement of disputes is not binding for the parties to the relevant relationship, even if it is written in the agreement. If one of the parties does not wish to participate in the negotiations, but simply applies to the court, such a statement will be accepted and considered in accordance with the established procedure.

Settlement of a dispute involving an intermediary

Often the parties can not independentlysettle the differences for various reasons, including mutual insults, inability to constructive bilateral dialogue and other circumstances. In these cases, there is an opportunity to involve a third party - a professional intermediary, who is called a mediator. The activities of such mediators are regulated by a special law, and their main task is to reach agreement between the conflicting parties, a compromise solution to the problem without resorting to a court. Sometimes mediators are involved even after filing a statement of claim, but this case no longer applies to pre-trial proceedings, because at best the legal dispute will end with the conclusion of a settlement agreement.