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Law & Wise - we know how to resolve disputes without litigation!

To resolve the conflict quickly and without undue losses is beneficial for both parties, the main thing is to find points of contact and develop a negotiating position. Do you need competent legal assistance, which will lead to a positive solution to the dispute? Law & Wise experts will help resolve disputes in pretrial order.

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How can you settle a dispute out of court?

Out-of-court settlement of disputes is a very complicated procedure, one should entrust only to experienced lawyers. It should be noted that modern legislation establishes only 2 main procedures for the settlement of disputes: pre-action and administrative. In practice, there are other methods of conflict resolution.

Law & Wise experts have many years of experience in this area. To achieve the goal (pre-trial settlement of the conflict), we study the client’s case and choose the appropriate work tactics:

  • Negotiations. This is one of the most popular and sought-after dispute resolution methods that impose no obligations to the parties of the conflict. In order to bring the results of the negotiations into force, the experts of Law & Wise will help conclude a special agreement, which spells out the decisions reached during the negotiations.
  • Correspondence.If necessary, the lawyers from our bureau can assist a legal entity to settle a dispute through private, business or pre-action correspondence. This method is similar to the method of negotiations.
  • Preparation and conclusion of a settlement agreement. The way of settling conflicts outside the court implies a whole range of measures: negotiating, correspondence between the parties to the dispute, engaging mediation to reach a compromise, etc.
  • Mediation. This is a complicated procedure, carried out only after a detailed study of the circumstances of the case and an agreement on the procedure for resolving the conflict between the parties to the dispute. Our lawyers can act as an intermediary (mediation) in a dispute.
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Is litigation avoidable?

Every entrepreneur wants to avoid legal problems in business. However, only a small part of legal entities escapes such a lot. In most cases, there are situations when partners / counterparties fail to fulfill or partially fulfill the provisions of contracts and agreements.

Why is this happening? Often, the main reason for arising disputes is the existence of legal “holes” in contracts: unresolved moments of legal relations between the parties to the agreements, incorrect or general wording of the terms of cooperation. This leads to financial and material dependence on the counterparty, which will only grow over time.

Do you want to avoid this? Get help from the Law & Wise legal team. As part of the business legal support, we will:

Carry out a legal audit of documents.

Review your contracts and agreements for compliance with the current legislation.

Indicate to the client the possible risks of conflict situations.

Give legal advice on how to avoid conflicts.

Judical practices and cases

QUESTION-ANSWER

Is the pre-trial disputes resolution necessary in litigation?

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Part 5 of Article 4 of the Arbitration Procedure Code provides that disputes about the recovery of funds on demand arising from contracts, other transactions, as a result of unjust enrichment may be submitted to court after the parties take measures for pre-trial resolution 30 calendar days after the date of complaint, if no other time or order is established by law or contract. However, there are also exceptions to the rules, which do not imply the pretrial dispute resolution by virtue of law. In other words, the procedure can be either binding by law or voluntary.

What is mediation?

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Legal definition is specified in Art. 2 of the Federal Law dated July 27, 2010 No. 193-FZ “On the alternative dispute resolution procedure with the participation of a mediator (mediation procedure)”.

Thus, the mediation procedure is a way of settling disputes with the assistance of a mediator in order to reach a mutually acceptable solution based on the voluntary consent of the parties.

The law also provides that during the mediation procedure, confidentiality of all information maintained. The mediator does not have the right to disclose information without the consent of the parties, which became known to him during the mediation procedure.

Is it possible to resolve the dispute without trial?

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There are several ways to resolve conflicts without going to court. The most common is negotiation. This method can be resolved between the parties to the dispute, both independently and with the assistance of a lawyer and other consultants. Recently, a method of dispute resolution is also gaining popularity, involving a mediator, a professional intermediary who is engaged by the parties to reach a compromise on a controversial issue. An effective tool is also the claim settlement, which is usually a mandatory procedure before going to court.

Is it necessary to respond within 7 days specified for the answer to the claim under the supply agreement?

See the answer

If the time limits specified in the claim are stipulated by the provisions of the concluded agreement or the norms of the current legislation, their violation may entail corresponding consequences. The Arbitration Procedure Code of the Russian Federation provides for a period of 30 days, after which the party that sent the claim has the right to go to court.

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What are the advantages of working with the Law & Wise team?

Legal support of business by representatives of Law & Wise office guarantees immediate benefits to our clients:

Reducing the cost for a full-time lawyer who may be incompetent in corporation law

Reducing the risk of corporate disputes, since all documentation will be checked by experts for compliance with current regulatory legal acts

Reducing finance burden of lawyers and experts fees, government duties and other items of expenses, since a number of conflicts can be resolved out of court
Preliminary audit of documents
 
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Our experts

Ilya Kirillov
Executive Partner
Denis Dubovik
Executive Partner
Ivan Kolsanov
Associate Partner, Insolvency Officer
Georgy Simonyan
Associate Partner, IMEX Expert, PhD in Law
Damir Nigmatulin
Senior Lawyer
Zhuravleva Olga
Senior Lawyer
Tokarskaya Daria
Assistant Manager
Aliev Elman
Lawyer
Law & Wise legal services in Moscow +7 (495) 7-222-800 info@lwise.pro 2 Entuziastov Boulevard,
BC Golden Gate, 24th floor
Mo-Fr from 10 a.m. to 7 p.m.