Pre-trial proceedings are the settlement of disagreements between the parties to civil law relations in a negotiated or claim manner. Also, this term sometimes denotes a mediation procedure, if it is carried out before the interested person applies to the court.
Pre-trial proceedings are a process in which the parties to civil law relations make attempts to resolve the differences that have arisen without going to court. In this case, pre-trial proceedings can be carried out independently or with the involvement of a professional mediator, who is also called a mediator. In some cases, the parties to a 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-approval of controversial issues is possible even in the absence of an agreement (for example, when obligations arise due to harm).
Negotiation and claim procedure for resolving disputes
The main types of pre-trial proceedings are the negotiation process, as well as the sending by the interested party of the obligation of a written claim, receiving an answer to it. If there is a separate clause in a civil law contract on the mandatory filing of a claim before going to court, this rule becomes mandatory for the parties. If the preliminary filing of a claim is not followed, then the court simply will not consider the dispute arising under such an agreement. However, the condition on the negotiated settlement of disputes is not mandatory for the participants in the relevant relationship, even if it is recorded in writing in the agreement. If one of the parties does not wish to participate in the negotiations, but simply goes to court, then such an application will be accepted and considered in the prescribed manner.
Settlement of a dispute with the involvement of a mediator
Often the parties cannot independently resolve the differences that have arisen for various reasons, including mutual grievances, inability to engage in constructive bilateral dialogue and other circumstances. In these cases, it is possible to involve a third party - a professional mediator who is called a mediator. The activities of such mediators are regulated by a special law, and their main task is to reach an agreement between the conflicting parties, a compromise solution to the problem without going to court. Sometimes a mediator is also involved after the filing of a statement of claim, but this case no longer applies to pre-trial proceedings, since at best the litigation will end with the conclusion of a settlement agreement.
