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A claim is a method of pre-trial settlement of a dispute, that is, a preliminary stage of protection and restoration of violated rights.
In practice, a grievance procedure is often a faster and more financially viable route in resolving a dispute than litigation, however, in cases provided by law or contract, pre-trial claims procedures is mandatory before litigation.
Drafting a claim or preparing a response to a claim requires knowledge of both the technique of preparing and sending the document, as well as an understanding of the subject of the dispute.
In practice, mistakes made during claim work can negatively affect the further consideration of the dispute and the prospects for its successful resolution, so such work should be entrusted to a lawyer or an attorney who has practical experience in solving the issues that will be discussed in the claim.
The constituent elements of a claim are:
- analysis of the situation;
- preparation of a legal position;
- collection of evidence;
- drawing up and sending the document;
- analysis of the answer received from the opponent;
- participation in negotiations.