A summons to a pre-suit settlement attempt, especially in simpler disputes, can provide a fast and cost-effective dispute resolution forum for citizens seeking redress.
The procedural rules laid down in the Code of Civil Procedure provide that a party to a dispute may, prior to the commencement of proceedings, request the district court or tribunal which would otherwise have jurisdiction to hear the case to summon the other party to a settlement attempt.
The procedure is considered to be fast, as the court sets a deadline for the attempted settlement within thirty days of receipt of the request.
If the parties manage to reach an agreement, the court will record it in the minutes. A settlement approved by the court has the same effect as a judgment: if one of the parties fails to comply, it can be enforced by execution.
If no agreement is reached by the deadline, the court will issue an order declaring the proceedings ineffective and closing them.
If the applicant fails to appear, the court shall, at the request of the opposing party who has appeared, order him to pay the costs.
An important procedural rule is that, in cases falling within the jurisdiction of the courts, the parties must also appoint a legal representative when attempting to reach a settlement.
The costs of summoning a lawyer to a settlement attempt are relatively low, as the fee payable is limited to HUF 15 000, but the rules on legal aid apply in the same way as in litigation.
A court summons may also be requested if the parties have previously been in mediation and one of them wishes to have the agreement reached in mediation put into a court settlement. In this procedure, legal representation is no longer mandatory and the court will also set a deadline of thirty days from the date of receipt of the request for an attempt at conciliation.
A settlement attempt summons thus allows the parties to a dispute to discuss their case relatively quickly and at low cost before the court as the main dispute resolution forum and then to reach a settlement with the court's assistance.