What Does Non-litigious Negotiation Include? (It covers any disputes, commercial infringements, debts, infidelity, personal injuries, car accidents, etc.)

The litigation process is a massive undertaking that requires a significant amount of time (and even money). In reality, most disputes do not go to court. Many people opt for out-of-court settlements or seek mediation through committees. Regardless of the type of dispute—such as commercial infringement, debt disputes, personal rights violations, or car accidents—non-litigious negotiation can be used to resolve the issue. Compared to the lengthy litigation process, which can take anywhere from one year to over three years, non-litigious negotiation is not only much faster but also more cost-effective. (After all, some cases must be judged where the defendant is located, so if they live in a different city, the plaintiff must handle travel and time off from work themselves.)

What Are the Benefits of Non-litigious Negotiation? (There is no need for prolonged battles in court, and it can increase the settlement amount. The court follows a reimbursement-based system.)

As mentioned earlier, litigation takes a long time, and it's not just about the court hearings. There are preliminary investigations, questioning and debates between both parties, presenting evidence, and verifying evidence, all of which are complex steps. It's easy to imagine that it could take up to six months just to reach the first trial. Even if a settlement is reached during the litigation process, it will still take some time. Many matters do not require such complicated procedures, so many legal professionals recommend avoiding judicial processes. Instead, by having both parties agree and involving a fair third party, the same result as a court judgment can be achieved. Furthermore, when entering the court system, the decision-making power rests with the judge. Sometimes, even if you win the case, the judgment may not be satisfactory. However, in non-litigious negotiations, there's a better chance of steering the outcome towards what you desire.

How to Conduct Non-litigious Negotiation? (Find a fair third party, understand the needs of both parties, and create a win-win situation.)

If you want to engage in non-litigious negotiation, the most important thing is to find a fair third party. The third party listens to the situation and petitions from both sides and then facilitates the negotiation. This process allows more room for discussion compared to a court trial. For example, in debt negotiations, the debtor can express their stance and may have the opportunity to alleviate the pressure from the creditor. Alternatively, the creditor might be able to negotiate a slightly higher repayment amount. As long as both parties agree and the third party certifies the agreement, the final result is legally binding, just like a court judgment, and cannot be easily revoked.

Additionally, the main difference between non-litigious and litigious negotiations is that if one party is unwilling to fulfill the terms of the agreement, can it be directly enforced? Non-litigious settlements fall under the contract settlement provisions of Article 736 of the Civil Code, and are not subject to the settlement provisions of the Civil Procedure Law. If the debtor fails to fulfill their obligations, a separate civil lawsuit must be filed to request the debtor to honor the settlement agreement. Afterward, a final judgment can be used to request enforcement.

How Yi-Tong Investigation Can Help You with Non-litigious Negotiation

Yi-Tong Investigation has many experienced legal professionals and experts skilled in negotiation. Clients can clearly outline their demands. One option is to have Yi-Tong act as a representative during the negotiations, and another option is to learn negotiation techniques from the experts. The goal is to achieve the best possible outcome for the client. Regardless of which side Yi-Tong represents, the aim is to create a win-win situation, which is the primary purpose of non-litigious negotiation. Yi-Tong will also assist clients in following through with the case until its resolution.