Mandatory claim procedure in the arbitration process. Free conferences in the regions

In compliance rules claim procedure adjustments are being made in 2017. From July 12, in some cases there will be no need to file a claim. On July 12, 2017, amendments to the Arbitration Procedure Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation come into force. They are introduced “On Amendments to Articles 1252 and 1486 of Part Four of the Civil Code Russian Federation and Articles 4 and 99 of the Arbitration Procedure Code of the Russian Federation.”

Changes are appearing in the pre-trial procedure. There will be no need to submit a claim if the claim is filed:

• on recognition ownership,
• about demolition unauthorized construction,
• about the invalidity of the transaction, invalid, etc.

Changes in the claims procedure in 2017 were dictated by practice. Before the amendments, companies had to comply with pre-trial procedures even in cases where the issue could not be resolved in such a manner. For example, if necessary, recognize ownership. Now the situation will be simplified.

At the same time, the law introduces new responsibility: You will need to submit a claim in cases where we're talking about O early termination security trademark, which the company does not use.

Also changing the claims procedure in 2017 is the extension of the validity period of interim measures. This period will be increased by the time necessary to comply with the pre-trial stage.

The claims procedure rules are changing in 2017

By existing rule the company must transfer the claim to the counterparty before the start of each civil dispute, except for cases expressly stated in the law. Since July 12, 2017, changes have been made to the pre-trial procedure. It will need to be followed if the company is preparing a claim:

• on the collection of payments under the contract,
• O unjust enrichment(paragraph 1, part 5, article 4 of the Arbitration Procedure Code of the Russian Federation).

Additional change The claim procedure is that a claim is not required if we are talking about the case:

• writ proceedings;
• related to the implementation arbitration courts facilitation and control functions arbitration courts;
• on the execution of decisions of foreign courts and foreign arbitration awards.

Also, in the context of a claim for recovery under a contract, pre-trial procedure is not necessary if the claim is filed by a prosecutor or an authority in defense public interests, rights and legitimate interests other persons (paragraph 4, part 5, article 4 of the Arbitration Procedure Code of the Russian Federation). If the claim is filed on other grounds, the claim will need to be sent only if direct instructions law or if such a condition is present in the contract (paragraph 2, part 5, article 4 of the Arbitration Procedure Code of the Russian Federation).

According to changes in the pre-trial procedure, a claim is not needed for some types of claims

If the dispute is not related to the satisfaction of a monetary claim, according to the claims procedure in 2017, a claim will not be needed. There is no need to follow the pre-trial procedure for disputes:

• about the invalidity of the transaction;
• about the consequences of the nullity of the transaction;
• on forced conclusion of a transaction;
• about the invalidity of the auction for the sale of the right to conclude a transaction;
• on reclaiming real estate from illegal possession;
• about unauthorized construction;
• to terminate the seizure of property.

The claims procedure in 2017 operates differently in relation to intellectual disputes

Until July 12, 2017, in intellectual disputes it was required to submit a claim in all cases, except for early termination of trademark protection due to its non-use. The change in the claims procedure also affected this category of disputes.

Changes in the claims procedure provide for filing a claim upon termination of protection of a mark

Now you need to submit a claim before contacting the SIP for early termination legal protection a mark that the copyright holder does not use. If the company believes that this designation is not needed by the copyright holder, it is necessary to invite him to declare to Rospatent a waiver of the right to the designation. Or enter into an agreement on the alienation of the exclusive right to this sign. The proposal is addressed to the copyright holder, and is also sent to the address from the State Register of Trademarks. In this case, at least three years must pass from the date of registration of the designation.

The copyright holder is given two months to respond. If he does not waive the right or does not transfer the right under the contract, the company may go to court. The claim must be filed within 30 days from the end of the two-month period. If the claim is not filed within 30 days, the company will need to contact the copyright holder again with a similar proposal (clause 1 of Article 1486 of the Civil Code of the Russian Federation).

According to the changes pre-trial procedure for some intellectual disputes a claim will no longer be required

A claim is no longer needed if a claim is filed:

• on recognition of an exclusive right;
• on suppression of violation of an exclusive right or actions that create a threat of violation;
• about seizure material carrier, in which the result is expressed intellectual activity or means of individualization;
• on the publication of a court decision on a violation, indicating the actual copyright holder (clause 5.1 of Article 1252 of the Civil Code of the Russian Federation).

The claims procedure in 2017 affects the validity period of interim measures

Before the amendments are introduced, preliminary interim measures could be installed for a period of no more than 15 working days. During this time, the creditor had to file a claim. However total term filing a claim – 30 days; creditors did not have time to take advantage of preliminary measures and comply with pre-trial procedures. Or you had to first submit a claim and then demand measures to secure the claim.

Changes to the claim procedure apply to the validity period preliminary measures. When issuing judicial act On security measures, the court will establish two types of deadlines:

• no more than 15 days to submit a claim;
• no more than 5 working days to file a claim after the deadline for responding to the claim has expired.

Such changes in the pre-trial procedure apply to disputes for which it is mandatory to submit a claim (Part 5 of Article 99 of the Arbitration Procedure Code of the Russian Federation). Also, according to the claims procedure, in 2017 the creditor must notify the court that took the preliminary interim measures about the direction of the claim and about filing a claim in another court (Part 7 of Article 99 of the Arbitration Procedure Code of the Russian Federation)

Amendments are being made to the rules for compliance with claims procedures in 2017. From July 12, in some cases there will be no need to file a claim.

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On July 12, 2017, amendments to the Arbitration Procedure Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation come into force. They are introduced “On Amendments to Articles 1252 and 1486 of Part Four of the Civil Code of the Russian Federation and Articles 4 and 99 of the Arbitration Procedural Code of the Russian Federation.” Changes are appearing in the pre-trial procedure. Submit a claim will not be necessary if a claim is filed:

• on recognition of property rights,
• about the demolition of an unauthorized building,
• about the invalidity of the transaction, invalid, etc.

Changes in the claims procedure in 2017 were dictated by practice. Before the amendments, companies had to comply with pre-trial procedures even in cases where the issue could not be resolved in such a manner. For example, if necessary, recognize ownership. Now the situation will be simplified.

At the same time, the law introduces a new obligation: it will be necessary to file a claim in cases where we are talking about early termination of protection of a trademark that the company does not use.

Also changing the claims procedure in 2017 is the extension of the validity period of interim measures. This period will be increased by the time necessary to comply with the pre-trial stage.

Urgent message for a lawyer! The police came to the office

The claims procedure rules are changing in 2017

According to the existing rule, the company must transfer the claim to the counterparty before the start of each civil dispute, except for cases expressly specified in the law. Since July 12, 2017, changes have been made to the pre-trial procedure. It will need to be followed if the company is preparing a claim:

• on the collection of payments under the contract,
• about unjust enrichment (paragraph 1, part 5, article 4).

An additional change to the claim procedure is that no claim required, if we are talking about business:

• writ proceedings;
• related to the performance by arbitration courts of the functions of assistance and control of arbitration courts;
• on the execution of decisions of foreign courts and foreign arbitration awards.

Also, in the context of a claim for recovery under a contract, pre-trial procedure is not necessary if the claim is filed by a prosecutor or government authority in defense of public interests, rights and legitimate interests of other persons (paragraph 4, part 5, article 4 of the Arbitration Procedure Code of the Russian Federation).

If a claim is filed on other grounds, the claim will need to be sent only if the law directly specifies or if such a condition is present in the contract (paragraph 2, part 5, article 4 of the Arbitration Procedure Code of the Russian Federation).

According to changes in the pre-trial procedure, a claim is not needed for some types of claims

If the dispute is not related to the satisfaction of a monetary claim, according to the claims procedure in 2017, a claim will not be needed. There is no need to follow the pre-trial procedure for disputes:

• about the invalidity of the transaction;
• about the consequences of the nullity of the transaction;
• on forced conclusion of a transaction;
• about the invalidity of the auction for the sale of the right to conclude a transaction;
• on reclaiming real estate from illegal possession;
• about unauthorized construction;
• to terminate the seizure of property.

The claims procedure in 2017 operates differently in relation to intellectual disputes

Until July 12, 2017, intellectual disputes required submit a claim in all cases, except for early termination of trademark protection due to its non-use. The change in the claims procedure also affected this category of disputes.

Changes in the claims procedure provide for filing a claim upon termination of protection of a mark

Now you need to submit a claim before contacting the IP for early termination of legal protection of a mark that the copyright holder does not use. If the company believes that this designation is not needed by the copyright holder, it is necessary to invite him to declare to Rospatent a waiver of the right to the designation. Or conclude an agreement on the alienation of the exclusive right to this mark. The proposal is addressed to the copyright holder, and is also sent to the address from the State Register of Trademarks. In this case, at least three years must pass from the date of registration of the designation.

The copyright holder is given two months to respond. If he does not waive the right or does not transfer the right under the contract, the company may go to court. The claim must be filed within 30 days from the end of the two-month period. If the claim is not filed within 30 days, the company will need to contact the copyright holder again with a similar proposal (Article 1486 of the Civil Code of the Russian Federation).

According to changes in the pre-trial procedure for some intellectual disputes, a claim will no longer be required

A claim is no longer needed if a claim is filed:

• on recognition of an exclusive right;
• on suppression of violation of an exclusive right or actions that create a threat of violation;
• on the seizure of a material medium in which the result of intellectual activity or a means of individualization is expressed;
• on the publication of a court decision on a violation, indicating the actual copyright holder (Article 1252 of the Civil Code of the Russian Federation).

The claims procedure in 2017 affects the validity period of interim measures

Before the introduction of the amendments, preliminary interim measures could be established for a period of no more than 15 working days. During this time, the creditor had to file a claim. However, the general deadline for filing a claim is 30 days; creditors did not have time to take advantage of preliminary measures and comply with pre-trial procedures. Or you had to first submit a claim and then demand measures to secure the claim.

Changes to the claim procedure apply to the validity period of the preliminary measures. When issuing a judicial act on security measures, the court will set two types of deadlines:

• no more than 15 days to submit a claim;
• no more than 5 working days to file a claim after the deadline for responding to the claim has expired.

Such changes in the pre-trial procedure apply to disputes for which it is mandatory to submit a claim (Part 5 of Article 99 of the Arbitration Procedure Code of the Russian Federation). Also, according to the claims procedure, in 2017 the creditor must notify the court that took the preliminary interim measures about the direction of the claim and about filing a claim in another court (Part 7 of Article 99 of the Arbitration Procedure Code of the Russian Federation).

Compliance with the claims procedure. Alexey Solokhin, civil servant, tells the story judicial system, counselor of justice, first class, teacher of Russian state university justice.

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Amendments are being made to the rules for compliance with claims procedures in 2017. From July 12, in some cases there will be no need to file a claim. On July 12, 2017, amendments to the Arbitration Procedure Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation come into force. They are introduced “On Amendments to Articles 1252 and 1486 of Part Four of the Civil Code of the Russian Federation and Articles 4 and 99 of the Arbitration Procedural Code of the Russian Federation.”

Changes are appearing in the pre-trial procedure. There will be no need to submit a claim if the claim is filed:

• on recognition of property rights,
• about the demolition of an unauthorized building,
• about the invalidity of the transaction, invalid, etc.

Changes in the claims procedure in 2017 were dictated by practice. Before the amendments, companies had to comply with pre-trial procedures even in cases where the issue could not be resolved in such a manner. For example, if necessary, recognize ownership. Now the situation will be simplified.

At the same time, the law introduces a new obligation: it will be necessary to file a claim in cases where we are talking about early termination of protection of a trademark that the company does not use.

Also changing the claims procedure in 2017 is the extension of the validity period of interim measures. This period will be increased by the time necessary to comply with the pre-trial stage.

The claims procedure rules are changing in 2017

According to the existing rule, the company must transfer the claim to the counterparty before the start of each civil dispute, except in cases expressly specified in the law. Since July 12, 2017, changes have been made to the pre-trial procedure. It will need to be followed if the company is preparing a claim:

• on the collection of payments under the contract,
• about unjust enrichment (paragraph 1, part 5, article 4 of the Arbitration Procedure Code of the Russian Federation).

An additional change to the claim procedure is that a claim will not be required if the case involved:

• writ proceedings;
• related to the performance by arbitration courts of the functions of assistance and control of arbitration courts;
• on the execution of decisions of foreign courts and foreign arbitration awards.

Also, in the context of a claim for recovery under a contract, pre-trial procedure is not necessary if the claim is filed by a prosecutor or government authority in defense of public interests, rights and legitimate interests of other persons (paragraph 4, part 5, article 4 of the Arbitration Procedure Code of the Russian Federation). If a claim is filed on other grounds, the claim will need to be sent only if the law directly specifies or if such a condition is present in the contract (paragraph 2, part 5, article 4 of the Arbitration Procedure Code of the Russian Federation).

According to changes in the pre-trial procedure, a claim is not needed for some types of claims

If the dispute is not related to the satisfaction of a monetary claim, according to the claims procedure in 2017, a claim will not be needed. There is no need to follow the pre-trial procedure for disputes:

• about the invalidity of the transaction;
• about the consequences of the nullity of the transaction;
• on forced conclusion of a transaction;
• about the invalidity of the auction for the sale of the right to conclude a transaction;
• on reclaiming real estate from illegal possession;
• about unauthorized construction;
• to terminate the seizure of property.

The claims procedure in 2017 operates differently in relation to intellectual disputes

Until July 12, 2017, in intellectual disputes it was required to submit a claim in all cases, except for early termination of trademark protection due to its non-use. The change in the claims procedure also affected this category of disputes.

Changes in the claims procedure provide for filing a claim upon termination of protection of a mark

Now you need to submit a claim before contacting the IP for early termination of legal protection of a mark that the copyright holder does not use. If the company believes that this designation is not needed by the copyright holder, it is necessary to invite him to declare to Rospatent a waiver of the right to the designation. Or conclude an agreement on the alienation of the exclusive right to this mark. The proposal is addressed to the copyright holder, and is also sent to the address from the State Register of Trademarks. In this case, at least three years must pass from the date of registration of the designation.

The copyright holder is given two months to respond. If he does not waive the right or does not transfer the right under the contract, the company may go to court. The claim must be filed within 30 days from the end of the two-month period. If the claim is not filed within 30 days, the company will need to contact the copyright holder again with a similar proposal (clause 1 of Article 1486 of the Civil Code of the Russian Federation).

According to changes in the pre-trial procedure for some intellectual disputes, a claim will no longer be required

A claim is no longer needed if a claim is filed:

• on recognition of an exclusive right;
• on suppression of violation of an exclusive right or actions that create a threat of violation;
• on the seizure of a material medium in which the result of intellectual activity or a means of individualization is expressed;
• on the publication of a court decision on a violation, indicating the actual copyright holder (clause 5.1 of Article 1252 of the Civil Code of the Russian Federation).

The claims procedure in 2017 affects the validity period of interim measures

Before the introduction of the amendments, preliminary interim measures could be established for a period of no more than 15 working days. During this time, the creditor had to file a claim. However, the general deadline for filing a claim is 30 days; creditors did not have time to take advantage of preliminary measures and comply with pre-trial procedures. Or you had to first submit a claim and then demand measures to secure the claim.

Changes to the claim procedure apply to the validity period of the preliminary measures. When issuing a judicial act on security measures, the court will set two types of deadlines:

• no more than 15 days to submit a claim;
• no more than 5 working days to file a claim after the deadline for responding to the claim has expired.

Such changes in the pre-trial procedure apply to disputes for which it is mandatory to submit a claim (Part 5 of Article 99 of the Arbitration Procedure Code of the Russian Federation). Also, according to the claims procedure, in 2017 the creditor must notify the court that took the preliminary interim measures about the direction of the claim and about filing a claim in another court (Part 7 of Article 99 of the Arbitration Procedure Code of the Russian Federation)

It will be important for lawyers to know that the pre-trial procedure for resolving disputes regulated by the Arbitration Procedural Code has been partially abolished. In addition, the claims procedure has changed. The corresponding law was signed by Russian President Vladimir Putin.

What's happened?

Vladimir Putin signed Federal Law of July 1, 2017 No. 147-FZ, which introduced a number of important amendments to the Arbitration procedural code And Civil Code. They, in particular, relate to the pre-trial procedure for resolving corporate disputes and disagreements in the field of recognition of an exclusive right, the seizure of a material medium or the destruction of tools, equipment or other means used to commit a violation exclusive rights. The law will come into force on July 10, 2018.

New requirements for the claims procedure

Legislators have clarified the list litigation, in which pre-trial procedure is mandatory. Amendments have been made to the effect that all civil disputes regarding the collection of Money claims arising from contracts or transactions as a result of unjust enrichment are subject to pre-trial settlement. They can be brought to court only after 30 days have passed from the date the claim was sent to the opponent. All other corporate disputes arising from civil legal relations, are submitted for resolution to the arbitration court immediately. The pre-trial dispute resolution procedure must be followed only if it has been established federal law or an agreement.

Also, it is no longer necessary to comply with the claims procedure when resolving disputes regarding the award of compensation for violation of the right to legal proceedings in reasonable time and about bankruptcy. In the same list according to the norms Article 4 of the Arbitration Procedure Code of the Russian Federation. In addition, legislators introduced the rule that all cases of writ proceedings or related to the performance by arbitration courts of the functions of assistance and control in relation to arbitration courts, as well as when applying to arbitration by the prosecutor, government agencies, authorities local government and other bodies in protection of public interests, rights and legitimate interests of organizations and citizens in the field of business and other economic activity, do not require pre-trial settlement.

New edition Article 1252 of the Civil Code of the Russian Federation no longer requires the copyright holder to present claims to violators before he applies to the court for recognition of his exclusive right, for the seizure of the material media or for the destruction of tools, equipment or other means used to commit a violation of exclusive rights. A pre-trial procedure for resolving such disputes will now be provided only if the copyright holder makes claims against legal entities or individual entrepreneurs for damages or payment of compensation.

Separately, legislators clarified the requirements for security property interests. Corresponding amendments have been made to. Now, if the law provides for a claim procedure for such disputes, the judge must in his ruling indicate the period for sending the claim to the other party, which cannot exceed fifteen days from the date of such ruling.

Pre-trial dispute resolution in civil process - main resolution method controversial issues, allowing the parties to independently find a compromise solution and (or) one of the parties to fulfill the presented requirement voluntarily. If for some legal relations the law or agreement (agreement of the parties) establishes the mandatory pre-trial procedure for resolving the dispute, without compliance with it, trial is impossible.

Mandatory and non-binding pre-trial procedures for resolving disputes

The law (Civil Code, Arbitration Procedure Code, Civil Procedure Code and CAS of the Russian Federation) obliges the parties to implement a pre-trial (claims) procedure for resolving disputes, the subject of which are:

• collection mandatory payments(taxes, excise duties, insurance premiums), tax arrears and (or) sanctions, as well as customs duties;
• appeal of decisions tax authority, including inspection reports and requirements of the Federal Tax Service;
• appealing a decision to refuse registration of an individual entrepreneur or legal entity;
• conclusion of an agreement in mandatory;
• modification or termination of the contract;
• termination of a lease or rental agreement;
• eviction;
• modification or termination of alimony agreement;
• termination of an agreement bank account;
• conclusion of a municipal or state contract;
• cargo transportation services (cargo transportation contract), postal delivery, passenger transportation;
• transport expedition(forwarder services);
• supply for municipal or government needs;
• communication services;
• tour operator services;
• violation of exclusive rights;
• other legal relations (claims) determined by law.

In the cases specified in the laws, the pre-trial procedure for resolving a dispute is either a claims procedure or an administrative one (appeal to higher authority).

If one of the parties to the dispute is a state (municipal) body or its executive, then the main way to resolve a dispute is to consider a complaint against a decision, action (inaction) of a lower body (person) in a higher authority. In this case, an appeal is usually preceded by a referral to the person obliged to execute the decision (action), written notice(notifications, letters, claims), which is also part of the pre-trial settlement of the dispute.

When the parties to the dispute are citizens or organizations, the main method of mandatory pre-trial settlement of the dispute is the submission of claims (claim procedure) or letters (statements, complaints). In such cases, as a rule, disputes arise from a contract (agreement) or claims regarding its conclusion, execution, modification, or termination.

Compliance with the pre-trial procedure for resolving a dispute may become mandatory, even if this is not provided for by law. For this, it is sufficient that such a condition is contained in the contract or agreement of the parties. At the same time, in arbitration legislation and judicial practice categories of cases are specifically identified in which failure to comply with pre-trial order is not considered a violation:

• establishment legal facts;
• awarding compensation related to violation of the rights to legal proceedings and execution of a judicial act;
• bankruptcy;
• corporate disputes;
• protection of the rights (interests) of a group of persons;
• consideration of the application and issuance of an order;
• recognition and execution of decisions of foreign courts and foreign arbitrations;
• other categories of cases.

Parties often resort to pre-trial settlement of disputes even in the absence of such a legal or contractual obligation. Negotiations, correspondence, sending and considering applications (complaints, notices, notifications), engaging a mediator (a third party to find a compromise) and other options - the parties to a dispute have many tools and methods for resolving a dispute without trial. The main advantages of any of the approaches are the speed of dispute resolution and the absence legal costs. In addition, outside judicial trial It may be easier to come to an agreement.

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​Preparation, submission and consideration of claims, their implementation or non-fulfillment - all these actions constitute compliance with the claim dispute resolution procedure. This is the most popular way for one party to a dispute to state its claims, and for the other party to consider them and make a decision on them.

WITH practical point From our point of view, we can distinguish between official and informal claims procedures for resolving disputes. In the first case, the direction and consideration of the claim is provided for by law or contract (agreement), and established order must be strictly observed. In the second case injured party prepares and sends a claim to the opponent in his own way own initiative. Consideration of such a claim and making a decision on it is a right, but not an obligation, so the requirements can be ignored.

The overwhelming majority of agreements (contracts) concluded in Russia contain a provision for the out-of-court settlement of emerging disputes by submitting and considering claims. This makes the claim procedure mandatory for the parties to the contract. If in the contract or separate agreement There is no such condition; it is still necessary to clarify whether or not it is necessary to comply with the claim procedure by force of law. Otherwise, you can make a mistake, and the court will not accept the claim or leave it without consideration.

In 2017, changes were made to civil and arbitration legislation regarding the claims procedure. They affected mainly cases (claims) considered by arbitration courts. For arbitration proceedings the claims procedure in most cases has become the main one pre-trial stage. For example, it is mandatory to file a claim regarding claims for recovery of payments under the contract and (or) unjust enrichment. But this is not required if the issue of issuing/receiving a court order is to be resolved.

With regard to compliance with the claim procedure, the following rules must be adhered to:

1. Before filing a claim, you need to determine whether or not in your particular case it is necessary to send a written claim to your opponent.
2. If a claim procedure is provided, it is necessary to study the specifics of its compliance in your particular case. Such features may arise from the specifics of legal relations - established by law or determined by agreement, including additional agreement to him.
3. The claim must be filed in in writing. Since the responsibility to prove compliance with the claim procedure lies with the plaintiff, it is necessary to immediately collect documents that can confirm this. Copies of these documents are attached to the claim. If you send a claim by mail, make sure that this fact can be traced using the dates and postal registration documents. If you submit a claim through the secretariat (office, chancellery) of your opponent, check the registration in your incoming correspondence. General rule- have a mark of delivery (sending, registration) of the claim, which can be in the form separate document or a stamp (handwritten text) on the second (your) copy of the claim.

The text of the complaint is not strictly regulated. But you gotta stick to style business letter, clearly and clearly state the content of the dispute and requirements.

What should be included in the claim:

• details of the person (organization) to which the claim is sent;
• details of the person submitting the claim (full name, address, Contact Information);
• the essence of the dispute (its circumstances);
• grounds for the requirements, their confirmation (references to legal provisions, terms of the contract);
• specific requirements, For monetary claims- their calculation;
• a reasonable period of time during which the opponent must fulfill the requirements and (or) respond to the claim - this period of time can be established by law, determined by agreement, rules for providing certain services, internal regulations legal entity etc., but in general you can focus on a period of 20-30 days;
• date and signature of the person preparing the claim.

In practice, there are often some standard claims - for specific contracts, types of services, work, certain categories organizations (banks, insurance), etc. Samples of such claims are easy to find on the Internet. In many organizations, taking into account the specifics of their activities, they have developed special samples claims on certain issues. But it would not be a mistake to draw up a claim in a form that is free in content. The main thing is to comply written form, be specific in your presentation, clearly formulate your requirements and confirm that you are right. Obscene language, insults, threats, etc. should be avoided.

Other methods of pre-trial dispute resolution

Claim and administrative (appeal) procedures for resolving disputes are the only methods that are directly enshrined in law. But this does not limit the parties, giving them the opportunity to find a compromise in other ways:

1. Negotiation- a popular, but generally non-binding way of resolving disputes. To give the outcome of the negotiations legal force, the parties usually enter into a special agreement. In other cases, either the dispute is resolved by voluntary compliance with the requirements, or the impossibility of resolving the dispute is stated.
2. Correspondence- private, business, claims. Goals, objectives and results are similar to negotiations.
3. Preparation and conclusion of a settlement agreement. This is, as a rule, a complex option for resolving a dispute, which may involve negotiations, correspondence, including claims in nature, and the involvement of an independent person (mediator) to resolve the situation and find a compromise.
4. Mediation- dispute resolution with the help of a mediator. Complex, complex procedure; organized and held in individually agreed upon by the parties to the dispute.

IN difficult cases pre-trial settlement- a multi-stage process. But this approach is effective only if the parties are obviously inexpedient or unwilling to resort to litigation.