Dispute Resolution

Initial Dispute Assessment

Before filing a claim or pursuing another legal remedy, it is necessary to determine what relief may be sought, what evidence is available to support the claim, and what objections or defences may be raised by the opposing party.

The initial assessment includes:

• consultation with the client and identification of the relevant facts;
• review of contracts, correspondence, invoices, decisions, and other documentation;
• determination of the legal basis of the claim or defence;
• verification of the jurisdiction of the competent court or other authority;
• review of procedural deadlines and limitation periods;
• assessment of available evidence and the need for expert evidence;
• analysis of potential claims and objections or defences of the opposing party;
• assessment of the opposing party’s assets and solvency where recovery is the objective of the proceedings;
• consideration of interim measures or other forms of securing the claim;
• assessment of the expected duration, costs, and risks of the proceedings.

Based on this analysis, the client receives a clear assessment of their legal position and a recommendation regarding the appropriate next steps.

Negotiation and Amicable Dispute Resolution

Court proceedings are not always the fastest or most cost-effective means of resolving a dispute. Where there is scope for an agreement, the Law Office develops an appropriate negotiation strategy and seeks a solution that protects the client’s interests without unnecessarily prolonging the dispute.

Legal support includes:

• preparation of formal demands and notices requesting voluntary performance of obligations;
• preparation of proposals for amicable settlement;
• conducting negotiations with the opposing party or its legal representative;
• legal assessment of proposed settlement terms;
• preparation of agreements concerning the settlement of obligations;
• arrangements for payment by instalments or revised payment deadlines;
• obtaining additional security;
• preparation of debt acknowledgment agreements;
• preparation of out-of-court or court settlements;
• monitoring compliance with and performance of the settlement reached.

An agreement serves its purpose only if the parties’ obligations are clearly defined, deadlines are precise, and the consequences of non-performance are determined in advance.

Civil Disputes

The Law Office represents individuals and legal entities in disputes arising from contractual, property, and other civil-law relationships.

Representation may include disputes concerning:

• performance, termination, or invalidation of contracts;
• compensation for pecuniary and non-pecuniary damage;
• recovery of monetary claims;
• ownership, possession, and other rights in rem;
• use, delivery, and return of immovable property;
• interference with possession;
• co-ownership relationships and division of property;
• easements and rights of way;
• unjust enrichment;
• liability for defects in goods or services provided;
• leases of residential or commercial premises;
• other rights and obligations of individuals and legal entities.

Commercial Disputes

Commercial disputes require a thorough understanding of the underlying contractual relationship, business documentation, and the circumstances in which the transaction was concluded and performed. Particular attention is given to evidence generated in the ordinary course of business, including contracts, purchase orders, invoices, delivery notes, records, and electronic communications.

The Law Office provides representation in disputes concerning:

• non-performance or improper performance of commercial agreements;
• recovery of receivables between business entities;
• termination of agreements and compensation for resulting damage;
• liability for material and legal defects;
• contractual penalties, interest, and other ancillary claims;
• relationships between suppliers, customers, distributors, and business partners;
• construction and works contracts;
• banking and other financial transactions;
• transfers of ownership interests and other corporate transactions;
• relationships between company members;
• challenges to decisions of corporate bodies;
• liability of directors and other members of governing bodies;
• protection of business reputation and commercial interests.

Administrative Proceedings

Decisions of administrative authorities often directly affect the property, business, and personal rights of individuals and business entities. Timely participation in administrative proceedings may be decisive for the subsequent protection of those rights.

The Law Office provides support through:

• preparation of applications, requests, and other submissions;
• representation before national and local administrative authorities;
• obtaining and supplementing the required documentation;
• participation in oral hearings and other procedural actions;
• submissions concerning facts, evidence, and findings of competent authorities;
• monitoring statutory deadlines for action and decision-making;
• appeals against first-instance administrative acts;
• legal action in cases of administrative silence;
• applications for suspension of enforcement of administrative acts;
• extraordinary legal remedies where the statutory requirements are met.

Administrative Disputes

Where a final administrative act infringes a client’s right or legal interest, its legality may be challenged in an administrative dispute before the competent court.

Representation in administrative disputes includes:

• assessment of the admissibility and merits of the claim;
• verification of deadlines for initiating an administrative dispute;
• analysis of the final administrative act and the case file;
• drafting and filing the claim;
• applications for suspension of enforcement of the contested act;
• submissions in response to the defendant authority’s arguments;
• representation at hearings where ordered by the court;
• filing requests for extraordinary judicial review;
• monitoring the authority’s actions following annulment of an administrative act;
• initiating proceedings in the event of non-compliance with a court decision.

Preparation of Claims and Statements of Defence

A claim must clearly specify the relief sought and the facts on which it is based. It is equally important for a statement of defence to contest the claim in a timely manner and set out the facts and evidence supporting the defence.

The Law Office:

• determines the appropriate form of legal protection;
• defines the nature and scope of the relief sought;
• drafts claims, counterclaims, and statements of defence;
• presents the relevant facts and legal arguments;
• proposes documentary evidence, witnesses, expert witnesses, and other evidence;
• raises procedural and substantive-law objections;
• responds to the opposing party’s allegations and proposed evidence;
• prepares the client for hearings and examination;
• monitors procedural deadlines throughout the proceedings.

Evidence and Expert Examination

The outcome of a dispute depends on the facts that a party is able to prove. Given the procedural rules governing the timely presentation of facts and submission of evidence, the evidentiary strategy should be developed from the outset of the proceedings.

Legal support includes:

• collection and legal analysis of documentary evidence;
• assessment of the evidentiary value of business and electronic documentation;
• proposing the examination of parties and witnesses;
• identifying the facts to be established through expert examination;
• preparation of proposed terms of reference for expert witnesses;
• analysis of expert findings and opinions;
• preparation of objections and questions for expert witnesses;
• engagement of specialist advisers where appropriate;
• preservation of evidence before or during proceedings where there is a risk that it may subsequently become unavailable.

Interim Measures and Securing Claims

A favourable judgment may have limited practical value if, in the meantime, the debtor disposes of assets or otherwise frustrates its enforcement. Where the statutory requirements are met, appropriate measures may be sought to provisionally secure the claim or preserve the existing situation.

The Law Office provides support in:

• assessing the requirements for granting interim or protective measures;
• preparing applications and evidence demonstrating the prima facie existence of the claim;
• seeking prohibitions on the disposal of or encumbrance over specified assets;
• seeking temporary prohibitions against specified conduct;
• securing monetary and non-monetary claims;
• responding to applications submitted by the opposing party;
• pursuing legal remedies against decisions concerning interim measures;
• monitoring the implementation, modification, or lifting of measures ordered.

Representation Throughout the Proceedings

Legal representation involves more than attendance at hearings. It requires continuous management of the case and adjustment of the legal strategy in response to facts and evidence emerging during the proceedings.

The Law Office’s activities include:

• representation at preliminary and main hearings;
• examination of parties, witnesses, and expert witnesses;
• responding to the opposing party’s allegations and evidence;
• filing reasoned written submissions;
• monitoring court deadlines and procedural orders;
• settlement negotiations during the proceedings;
• keeping the client informed of developments in the case;
• assessing whether the litigation strategy should be modified.

Appeals and Extraordinary Legal Remedies

Following a decision, its reasoning, findings of fact, and application of law are carefully analysed. The client receives an assessment of the grounds for challenging the decision, the potential outcome, and the costs associated with continuing the proceedings.

The Law Office provides support in:

• drafting appeals against judgments and other court decisions;
• responding to appeals filed by the opposing party;
• representation in second-instance proceedings;
• assessing the admissibility of revision before the competent court;
• drafting applications for revision and responses thereto;
• pursuing other extraordinary legal remedies;
• filing appeals with the Constitutional Court of Bosnia and Herzegovina where the requirements for constitutional protection are met;
• preparing applications to the European Court of Human Rights where domestic remedies have been exhausted and the other admissibility requirements are satisfied.

Enforcement Proceedings

A final and binding judgment or other enforceable instrument is often only the legal basis for compulsory enforcement of a claim. The prospects of enforcement are therefore considered as early as the preparation of the claim and selection of the litigation strategy.

Legal support includes:

• assessment of the most appropriate means and objects of enforcement;
• preparation of applications for enforcement;
• enforcement against funds, receivables, movable property, and immovable property;
• enforcement of obligations to perform, refrain from performing, or deliver property;
• obtaining information concerning the debtor’s assets;
• representation of creditors throughout enforcement proceedings;
• representation of debtors and protection of their statutory rights;
• objections and appeals in enforcement proceedings;
• negotiations concerning voluntary settlement of obligations;
• monitoring enforcement until final satisfaction of the claim.

Recognition and Enforcement of Foreign Decisions

In disputes involving an international element, it may be necessary for a judgment of a foreign court or decision of another competent foreign authority to be recognised and enforced in Bosnia and Herzegovina.

The Law Office provides support in:

• assessing the requirements for recognition of foreign decisions;
• obtaining and preparing the required documentation;
• initiating recognition proceedings;
• representation where recognition is contested;
• initiating enforcement following recognition of a foreign decision;
• coordination with foreign lawyers and other parties involved in the proceedings.

Prevention of Future Disputes

The most efficiently resolved dispute is often one that has been prevented through timely legal advice. Analysis of a concluded or ongoing dispute may identify contracts, procedures, or internal acts that should be amended in order to prevent the same issue from recurring.

Preventive legal support includes:

• review and improvement of standard contractual documentation;
• clearer regulation of deadlines, liability, and termination provisions;
• introduction of mechanisms for early resolution of disagreements;
• proper documentation of delivery and performance of obligations;
• establishment of procedures for formal demands and debt recovery;
• defining authority for negotiations and execution of documents;
• adapting internal procedures in light of experience gained from previous disputes.

When to Contact Us

You may contact us before a dispute arises, when you wish to assess contractual or business risks, as well as after the other party has refused to perform its obligations or has initiated proceedings against you.

Early involvement of legal counsel helps preserve important evidence, ensure compliance with procedural deadlines, and select the appropriate form of legal protection. Where proceedings are already underway, the objective is to establish a clear strategy and pursue it consistently through to final resolution.