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Dispute Resolution (2) - 1

The document discusses different methods for resolving disputes: litigation, arbitration, and mediation. [1] Litigation involves a court procedure regulated by law with rigid processes. It typically involves 1-3 judges and the loser pays costs. The plaintiff must provide evidence to support their claim. [2] Arbitration involves an arbitral tribunal making an award after written statements and potential oral hearings. Costs are related to the interest at stake and allocated by the tribunal. [3] Mediation is more informal, involving meetings and evidence exchange facilitated by a nominated mediator. It aims to reasonably conclude agreements rather than continue quarreling.

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28 views

Dispute Resolution (2) - 1

The document discusses different methods for resolving disputes: litigation, arbitration, and mediation. [1] Litigation involves a court procedure regulated by law with rigid processes. It typically involves 1-3 judges and the loser pays costs. The plaintiff must provide evidence to support their claim. [2] Arbitration involves an arbitral tribunal making an award after written statements and potential oral hearings. Costs are related to the interest at stake and allocated by the tribunal. [3] Mediation is more informal, involving meetings and evidence exchange facilitated by a nominated mediator. It aims to reasonably conclude agreements rather than continue quarreling.

Uploaded by

quiny178
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Dispute Resolution

Christina Karlia-Palomäki, [email protected]


Haaga-Helia University of Applied Sciences 15.4.2020
Different Means of Solving
a Dispute
Different types of Dispute Resolution

1. Litigation
How to decide between the different
methods?
2. Arbitration

3. Mediation
Litigation
(court procedure)
● Procedure regulated by a national law
● Rigid process
● Typically 1-3 judges depending on the case
● In a civil case (a civil dispute) the plaintiff has to provide evidence for the
claim
● Written statements

Oral hearings

● Costs: the loser pays the costs if not otherwise stated


Burden of Proof

In civil cases the plaintiff has the responsibility to provide proof. Watch:
https://www.youtube.com/watch?v=FHkxlKUgtts
Arbitration
International Chamber of Commerce Rules for Arbitration

https://iccwbo.org/dispute-resolution-services/arbitration/rules-of-arbitration

Arbitral Tribunal (1-3 arbitrators)

The Organization of the Proceedings: written statements, oral hearings

Award

Costs: amount in relation to the interest of the case, Arbitral Tribunal decides
allocation between parties
Arbitration in the US
Mediation
● International Chamber of Commerce Mediation Rules and
Procedure

○ More informal procedure than in arbitration

○ When the mediator is nominated, he/she invites the parties

■ Meetings

■ Exchange of conference calls and providing evidence


https://iccwbo.org/dispute-resolution-services/mediation/procedure
The Purposes of Resolving Disputes

What are the challenges and opportunities of resolving disputes?

Watch:

Anil Xavier talks about the challenges of dispute resolution


https://www.youtube.com/watch?v=eZPprKAbexw&list=PLMwDIRXCKlojQwlMOPLbHoNp98kygdwQw&index=17
Compare the different dispute
resolution types and make a list
of the pros/cons of each
method

Pros/cons
“It's often wiser to conclude an agreement that
reasonably serves one's interests than to
continue quarreling”

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