Problematic aspects of pre-trial settlement of commercial disputes

Abstract

The article is devoted to the main problems of such an important institution of law as pre-trial settlement of commercial disputes. The paper considers public relations in the field of pre-trial settlement of legal disputes related to the implementation of business and other economic activities, in their relationship with the mechanism of consideration and resolution of cases in commercial courts. The authors investigate the legal nature and essence of pre-trial settlement of commercial disputes; its types are analyzed; the main approaches to the similar settlement of economic disputes in developed countries are identified. The study draws attention to the fact that today the main type of pre-trial settlement of commercial disputes in the legal field of Ukraine is claims proceedings, its mechanism is described. Considering the prospects for the development of other pre-trial instruments for resolving commercial disputes in Ukraine, in addition to litigation, which are actively used abroad, it should be noted that disagreements between the parties can be resolved peacefully. Mediation has been shown to be an alternative to litigation. Mediation (mediation) is an independent type (method) of alternative dispute resolution. Mediation - negotiations of the parties with the participation of a mediator in order to resolve the dispute (disputes) of the parties by developing a mutually agreed agreement. Mediation can be seen as a means of simplifying and improving access not only to justice but also to justice in general. It is proposed to expand the scope of pre-trial dispute resolution and its types, which, according to the authors, will identify the real causes of disputes between the parties to the conflict. It is substantiated that today the institution of pre-trial settlement of legal disputes - a complex intersectoral legal phenomenon is an independent legitimate form of protection of rights and legitimate interests of legal entities, aimed at resolving private and, in cases expressly provided by law, public conflicts.