In many situations, the parties manage to resolve the dispute between them peacefully, without waiting for a court decision. Thus, the plaintiff has the right to withdraw from the claim. In addition, the parties may come to an amicable agreement.
Instructions
Step 1
An amicable agreement is a document in which the parties to the dispute have determined for themselves the procedure for settling mutual claims. For example, if the subject of the claim is debt collection, the parties have the right to agree on the terms of its repayment. Also, the amicable agreement may provide for the refusal of the plaintiff from part of the claim, forgiveness of the debt, transfer of property instead of money, etc.
Step 2
Making a settlement agreement is a right, not an obligation of the parties. An amicable agreement is concluded both in the resolution of civil and economic cases, and in the framework of bankruptcy proceedings. You can come to an amicable agreement at any stage of the litigation. For example, the participants in the process can reach a compromise, not only resolving the conflict in the court of first instance, but also during the review of the decision. An amicable agreement is also possible at the stage of enforcement proceedings.
Step 3
An amicable agreement is drawn up by the parties in a simple written form as an ordinary contract. First, the name of the document, its date and place of imprisonment are written. This is followed by a preamble, which indicates information about the plaintiff and the defendant (creditor, debtor). The main part of the settlement agreement on the points prescribes the procedure for resolving the dispute that has arisen. The settlement agreement is completed by the details and signatures of the parties.
Step 4
The settlement agreement comes into force after its approval by the court. For this, the parties must submit a mutual motion to the court. When considering an amicable agreement, the court must make sure that it does not contradict the current legislation and does not violate anyone's rights or interests. The approval of the amicable agreement is formalized by a court ruling, which can be appealed in accordance with the established procedure. The effective part of this definition contains the terms of the settlement agreement. With the approval of the settlement agreement, the proceedings on the case are terminated.
