Dispute Resolution

Christina Karlia-Palomäki, christina.karlia-palomaki@haaga-helia.fi

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”