Out-of-Court Settlement of Disputes in Ukraine

Out-of-Court Settlement of Disputes in Ukraine

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Out-of-Court Settlement of Disputes in Ukraine

Out-of-court settlement of disputes is an important part of the judicial system in any country, including Ukraine. This process allows the parties to resolve their contradictions and disputes outside the courtroom with the help of mediators and specialists who specialize in conflict resolution. An important component of successful out-of-court settlement is the qualifications and experience of the specialists who conduct this process. Dextra Law company specializes in out-of-court settlement of disputes and contradictions in Ukraine. Our specialists have extensive experience in this field and are ready to provide professional support to clients in resolving various types of disputes, including civil, commercial and corporate cases. We use effective methods and strategies to help our clients reach a settlement of their contradictions without litigation, which can significantly save time and resources.

What is out-of-court settlement of disputes

Pre-trial settlement of disputes is the process of resolving a conflict or contradiction between two or more parties without using litigation. This method is based on finding mutual understanding and resolving disputes through mediators, negotiations and other alternative methods.

Out-of-court settlement of disputes includes the following stages and methods:

  • Mediation. A mediator (independent third party) facilitates communication and negotiations between the conflicting parties and helps them find a common solution.
  • Mediation. Helps the parties understand each other’s interests and reach a compromise.
  • Arbitration. The dispute is considered by an independent arbitrator who makes a final decision based on the evidence presented.
  • Negotiations. The parties can negotiate directly with each other in order to reach an agreement.
  • Expert evaluation. Experts are invited to provide objective assessments and evidence.
  • Judicial mediator. In some cases, a judicial mediator may be appointed by the court to attempt to resolve the dispute before litigation.

Out-of-court settlement of disputes has its advantages, namely:

  • saving time and resources;
  • preserving relationships between the parties and the ability to find mutually beneficial solutions.

Settling contradictions without litigation is especially useful in cases where the litigation process is not the only effective or acceptable alternative.

Procedure for out-of-court settlement of disputes

In Ukraine, the procedure for out-of-court settlement of disputes is regulated by law and may vary depending on the specific case. However, there are general steps and principles that are usually used in out-of-court dispute resolution.

Typical procedure for out-of-court settlement of disputes:

  • Referral to a mediator. The parties must first contact a qualified mediator. This can be an independent third party or a specialized organization that will help resolve the dispute.
  • Mediation or mediation. The mediator helps the parties communicate and find common solutions. They help identify the interests of the parties, resolve the conflict and reach a compromise.
  • Conclusion of an agreement. If the parties reach an agreement through out-of-court settlement, an agreement is concluded that fixes the terms and obligations of the parties. This agreement is legally binding.
  • Execution of the agreement. The parties are obliged to fulfill the terms of the agreement. If there are problems with execution, the agreement can be used to resolve these issues.
  • Judicial confirmation. If necessary, an agreement concluded through out-of-court settlement may be confirmed by a court, which gives it legal force.

If out-of-court settlement does not lead to resolution of the dispute, the parties refer the case to litigation.

In which areas is out-of-court settlement of disputes practiced, or what contradictions can we resolve

Out-of-court settlement of disputes – lawyer services that each client of the Dextra Law legal company can use. We effectively and professionally resolve the following contradictions:

  • Out-of-court settlement of disputes in protecting rights.
  • Out-of-court settlement of disputes for entrepreneurs.
  • Out-of-court settlement of disputes in family matters.
  • Out-of-court settlement of disputes in real estate matters.
  • Out-of-court settlement of disputes in international law.

What documents are required to collect for out-of-court settlement of contradictions

For out-of-court settlement of contradictions in Ukraine, the parties may need to collect the following documents and information:

  • Statement or appeal to the mediator to initiate the out-of-court settlement process.
  • Out-of-court settlement agreement.
  • Documents confirming the facts and circumstances related to the contradiction. These may include contracts, letters, acts, invoices, photographs, email correspondence, etc.
  • Other useful information. Collection of any other information that may be useful for considering the contradiction. This may include witness testimony, expert opinions, reports, etc.
  • Evidence of attempts to resolve the dispute. If the parties have already tried to resolve the contradiction or interacted at previous stages, it is important to present evidence of these attempts or communication.

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