The resolution of disputes arising between the parties in a complaint procedure significantly relieves the courts. In addition, the pre-trial settlement of a dispute that has arisen allows you to avoid additional legal costs.
When the claim procedure for resolving disputes is mandatory
The pre-trial procedure for resolving a dispute is mandatory in cases where it is directly provided for by law. The claim procedure for certain categories of disputes is established by transport legislation (federal laws "On Communications", "On Railway Transport in the Russian Federation", etc.), the Civil Code of the Russian Federation, etc. In the case of a mandatory complaint procedure, before going to court with a statement of claim, the plaintiff must contact the defendant with a written demand for the fulfillment of obligations. Documented evidence of compliance with the specified procedure is attached along with the rest of the documents to the statement of claim. Otherwise, the judge will set a time limit to comply with this procedure. The pre-trial procedure is mandatory for resolving disputes arising from contracts of carriage, requests for amendments to the contract or its termination. It is also imperative to comply with the claims settlement of disputes, if this directly arises from the contract.
Claim procedure for resolving a dispute under the terms of an agreement
The need for a pre-trial procedure for the settlement of disputes may arise from the terms of a specific agreement. At the same time, the claim procedure for resolving disputes is valid only if the contract specifies its procedure, form and terms for filing and considering claims.
It is also possible voluntary, non-obligatory observance of the claim procedure. In this case, the plaintiff is exercising his right. He is not obliged to send a claim to the defendant, but in order to save time, money and nerves, he exercises this right.
Positive aspects of the claim procedure for resolving disputes
Considering the fact that court proceedings are often protracted and associated with certain court costs, it is much easier, faster and more profitable for the parties to resolve the dispute out of court. This is especially true in cases in which the violation of the rights of the plaintiff arising from the contract and established by law is obvious. This also minimizes costs on the part of the defendant. In addition, the pre-trial resolution of a dispute is also convenient for the courts, since the volume of cases accepted for consideration is reduced.
Thus, the complaint procedure for the consideration of cases solves the problem of reducing the workload of the courts, saves time and money for the parties, and contributes to the peaceful resolution of disputes.
