Litigation department

Out-of-court settlements

There are numerous ways of resolving disputes. Court and out-of-court settlements are examples of legal tools that can be employed when parties are willing to settle their dispute in amicable way.

The out-of-court settlement is always concluded before court, which ensures that it remains complaint with provisions of law and the principles of community life. It can be concluded either in the course of conciliatory proceedings (as conciliatory settlement) or of proceedings before court (as judicial settlement). This method is often used in resolving disputes in e.g. alimony cases.

It is worth mentioning that should one party evade fulfilling their duties provided for in the out-of-settlement, the other party is entitled to apply for an enforcement title. In such instance it is enough to bring the case to the court enforcement officer (bailiff) to initiate the execution.

The out-of-court settlements, on the other hand, take the form of civil law agreements binding only between the parties originally remaining in the legal relationship. It is commonly acknowledged that the parties need to make concessions to the benefit of one another for the purpose of working out a compromise (as opposed to court settlements). However, if a party refrains from fulfilling their obligations, the other party cannot turn to the court enforcement officer (bailiff) directly; instead he or she can bring an action before court. The disadvantage of such solution is the significant increase of the amount of time required to pursue and satisfy one’s claims.

CGO Legal law firm offers assistance in enforcement of court and out-of-court settlements. We support the process of preparation of a settlement, its conclusion and further enforcement – also in cooperation with the court enforcement officer (bailiff).