DISPUTE SETTLEMENT
NovaLex provides professional assistance in settlement of various disputes:
- Economic disputes;
- Labour disputes;
- Disputes with banks and credit organizations;
- Disputes with insurance companies including in road accident cases;
- Housing disputes;
- Land disputes;
- Family disputes (division of property, child custody, deprivation of parental rights, paternity proof, etc.);
- Inheritance disputes;
- Collection of debts;
- Compensation for moral and material damages;
- Copyrightright disputes;
- Consumer rights protection;
- Customs disputes;
- Tax disputes;
- Appeal of legal acts, decisions, actions and omissions of State agencies.
Disputes, disagreements or differences, arise due to a party’s failure to perform or breach of contractual obligations (if there is a contract between parties to a dispute) or as a result of a breach of other obligations, rights or interests provided by the Law.
Dispute circumstances can be different: in some cases the fault for breach of obligations can fully lie on the other party, in other cases the fault of the parties can be mutual, and in the third type of cases the fault can be completely on our client. That’s why not every dispute can be won; yet, even in those cases where the fault is of our client, we assist to mitigate the negative consequences for our client and reduce the amount of fine or penalties to the maximum possible extent.
Our approach is to analyse thoroughly each dispute and assess objectively the client’s chances to win. As a result of this analysis we develop a strategy to resolve a dispute in order to achieve the maximum benefit for the client or to minimize unavoidable losses.
We have successful experience in resolving disputes at a pre-litigation stage and in court proceedings. Alternative dispute resolution (ADR) mechanisms, such as negotiations, arbitration and mediation, can often be more efficient and preferable due to time-saving and confidentiality reasons. However, the success of these mechanisms depends on the availability of a real willingness of parties to a dispute to resolve an issue and absence of unsurmountable differences. If it is impossible to settle a dispute by ADR mechanisms, we pursue with brining the failing party before court.
IN THE DISPUTE SETTLEMENT PRACTICE, WE OFFER THE FOLLOWING SERVICES:
- Appeal of decisions and actions of State bodies of the Republic of Kazakhstan including law enforcement, customs, tax and justice agencies;
- Representation and defense of Client’s interests and rights in court in all judicial instances including:
- Analysis and assessment of litigation prospects and judgment executions;
- Legal examination of documents provided by parties to a dispute;
- Development of a legal position/ defence strategy;
- Collection, assessment and securing evidence for court proceedings;
- Filing a claim, appeal and/or cassation complaint;
- Development and execution of a settlement agreement.
- Pre-litigation / out-of-court dispute settlement in Client’s interests;
- Representation in international commercial arbitration proceedings;
- Mediator’s services.
Mediation
NovaLex is one of the few law companies in Kazakhstan that offers services of certified mediators registered with the Mediators’ Association of Kazakhstan – “United Mediation Centre”.
Since recently, mediation can be used as an alternative dispute resolution mechanism in Kazakhstan following the adoption of the Mediation Law which entered into force on 5 August 2011. Mediation allows for a third neutral and impartial party to participate in a dispute resolution and find a solution that will be acceptable for both parties. This third party is a mediator who assists parties to a dispute to develop a settlement agreement. At the same time, parties to a dispute fully control the process of finding a compromise and terms of the settlement agreement.
The fundamental principles of mediation are:
- Voluntariness;
- Confidentiality;
- Mutual respect;
- Equality of the parties;
- Neutrality and impartiality of a mediator;
- Transparency of the procedure.
Mediation can be applied in civil, labour, family disputes and in petty crimes upon consent of both parties.