Question 1

What services are provided in Happy Resolution?

Accepted Answer

In Happy Resolution, you can get help with solving a dispute on legal grounds, finding a reasonable level of settlement, entering into a settlement agreement, finding a solution to the dispute with the help of a mediator or getting a legal solution to the dispute effectively by handling the dispute on Happy Resolution's arbitration platform.

Happy Resolution is only available to commercial parties, i.e. not for disputes where either party is a private citizen.

Question 2

What does it cost to use the services?

Accepted Answer

The service for calculating a reasonable settlement level in Happy Resolution is free to use. You can find it here: https://greencounsel.se/happyresolution/calculate. The service for agreeing with the other party on a settlement level is also free of charge if you do not succeed in finding a level that both parties can accept (see https://greencounsel.se/happy-resolution-settlement-info). Other services in Happy Resolution are associated with certain costs. Read more at https://happyresolution.eu.

Question 3

What is settlement?

Accepted Answer

A settlement means that the parties agree among themselves how a dispute is to be resolved. In order to reach a settlement, the parties must have the right to resolve the dispute themselves. This is the case, for example, with most commercial disputes. In other cases, a court is required to decide the dispute, for example in certain family law cases where other interests than the parties' own must also be taken into account.

A settlement can be based on how the parties assess their legal position in the dispute, but often many other factors are also taken into consideration, such as, for example, the parties' future cooperation opportunities and the potential costs of resolving the dispute.

A settlement may be oral, but it is always preferable for the parties to enter into a written agreement to reduce the risk that the settlement itself will lead to new disputes.

Question 4

What is a mediator?

Accepted Answer

A mediator is an independent person who helps parties resolve a dispute. It does not require any formal training to call oneself a mediator, but often the mediators are lawyers who are specially trained in helping parties reach a consensus solution. Some mediators are trained at the Center for Effective Dispute Resolution (CEDR, https://www.cedr.com/).

The mediator can help the parties to see different possibilities for resolving a dispute in such a way that it is more advantageous to enter into a settlement agreement than to pursue a resolution of the dispute on legal grounds.

Question 5

Why should you settle instead of pursuing a dispute on legal grounds?

Accepted Answer

It is well known that it costs a lot to litigate or arbitrate. In commercial disputes, both parties usually spend several hundreds of euros on their lawyers and in addition, they also pay high fees for arbitrators to handle and resolve the dispute. For disputes that are less than EUR 0.5-1 million, the costs of resolving the dispute can easily exceed the disputed value.

Instead of resolving the dispute on legal grounds, many companies choose to find a settlement instead. Then they can avoid high costs to resolve the dispute and still get some compensation/avoid paying everything that they would have had to pay if they lost the dispute.

The disadvantage of settlements is that the parties who are right under the agreement do not have the opportunity to rely on the agreement when faced with the risk of still losing a dispute/having to spend disproportionately much time to win. There is sometimes an over-belief about the rights that the agreement gives a party when in practice very few companies find it in their interest to enforce their agreements in the event of a dispute.

Question 6

What is a reasonable settlement level?

Accepted Answer

A reasonable settlement level is based on many factors, where the objective probability of winning the dispute is only one factor of many.

Even if you are right under a contract, it is a difference between being right and winning a dispute. To win a dispute, evidence is required and depending on the type of dispute, such evidence may be easier or more difficult to obtain. In general, disputes based on oral or technically complicated evidence are more difficult to assess the outcome of. The parties often find themselves in a situation where those who have been involved in the events which led to the dispute have either quit or no longer remember what has happened. The risk is often that the other party knows something that you don't. So setting a likelihood to win a dispute is often an exercise of making several moderate estimations.

A reasonable settlement level should also take into account what the costs would be if the dispute was to be litigated or arbitrated all the way. Especially in disputes with minor values (for example below EUR 0.5-1 million), legal costs can often exceed the disputed value.

Finally, other factors - such as the opportunities for new business partnerships - can also affect a reasonable level of settlement.

Question 7

What is arbitration?

Accepted Answer

Arbitration is like a private court where arbitrators - usually lawyers - resolve the dispute on legal grounds. The arbitrators write an enforceable arbitration award that settles the dispute.

Arbitral awards cannot be appealed. This means that even if the arbitrators have applied the law incorrectly, the arbitration award still applies. In exceptional cases, an arbitral award may, however, be challenged and annulled if certain formal errors were committed during the arbitration proceedings.

In order for the parties to be able to resolve their dispute through arbitration, it is required that they have agreed to do so through an arbitration agreement and that the dispute is such that it is possible for the parties to conclude an arbitration agreement in relation thereto.

Arbitration can be conducted completely independently in accordance with the applicable law on arbitration, but often the parties agree to resolve the dispute in accordance with rules that, for example, a chamber of commerce has established. Examples of such rules can be found at the Stockholm Chamber of Commerce (https://sccinstitute.com) or the ICC (https://iccwbo.org/dispute-resolution-services/). Through online dispute resolution, there are also digital possibilities to conduct effective arbitration.

Question 8

What are the benefits with arbitration compared to litigation?

Accepted Answer

The advantages of arbitration compared to court are usually said to be that the arbitral award cannot be appealed and that there is thus no risk of having to pursue the dispute in several instances.

Another advantage is usually said to be that the dispute is resolved confidentially (outsiders do not have the right to attend the proceedings as otherwise is the case in court).

A third advantage is usually said to be that the parties have influence on which persons are to be appointed as arbitrators (depending on what the parties have agreed).

An additional advantage that is usually highlighted is that arbitration is faster than in court. How long an arbitration procedure takes differs from case to case, but it is clear that if the parties are willing to get a quick solution, it is usually possible to arrange. However, it sometimes happens that one party in different ways, for procedural strategic reasons, tries to delay the arbitration and for fear of challenge, the arbitrators sometimes find that they cannot act for a speedy process in the absence of consensus on these issues between the parties.

Question 9

Book a meeting

Accepted Answer

There is no cost when booking a general meeting to hear more about David. If you book a meeting to get legal advice, the rate indicated for the individual workflow applies. You can get applicable prices by clicking on the information icon at the top right of the start page of the workflow.

Question 10

Hello

Accepted Answer

Hi! Please ask me a question and I will see if I can answer it. Unfortunately, I am only able to talk to you about things that relates to the expert area you are currently in.

Question 11

Who is behind this chat?

Accepted Answer

I am a chatbot which is trained to answer simple questions related to the workflow that you are currently in. An expert in the field has trained me so that you, hopefully, will get both relevant and correct answers. Since I am powered by an AI Engine, I will get better and better the more feedback I get, but just like in real life, I sometimes can misinterpret your questions and then you will not get a correct answer. If you note that I do not seem to understand, please do not hesitate to ask me to book a meeting with any of the experts which helps training me so can they hopefully help you to get your questions answered.

Question 12

What can this chat help you with?

Accepted Answer

In this chat, you can get help with answers to simpler questions related to the workflow you are in. Unfortunately I cannot answer questions outside of this scope or more complex questions so if you need to pose questions about anything else, it is better that you ask me to book a video meeting with one of the experts who have trained me so can they hopefully give you the answers that you are looking for.

Question 13

Tell me about David by GreenCounsel

Accepted Answer

This service runs on David by GreenCounsel, a legaltech platform to make legal advice and matter administration more efficient. In David by GreenCounsel, experts can configure workflows to collect information from different persons, approve information, generate documentation, sign documentation digitally and in other ways handle matters more effectively compared to manual handling. This chat is part of making their work more efficient and to provide you access to a 24/7 service to get answers to the most ordinary questions that the experts use to get. The chat runs on a dedicated AI Engine with multilingual support. If you pose a question on any European language as well as any of the other major global languges, you will likely get a relevant answer back. I answer your questions in Swedish and English and if you pose a question in another language, I will provide you with a link for swift translation.

Question 14

Sign in to David

Accepted Answer

Sign in

Question 15

Can I get help with support?

Accepted Answer

Support

Question 16

What languages do you speak?

Accepted Answer

I can understand questions on most languages within the field in which I am trained. However, I will only answer in Swedish or English. You are welcome to try and see if I can understand your question in any other language.

Question 17

How do I cancel a meeting?

Accepted Answer

If you want to reschedule a meeting, that's fine. If so, click on the link in the meeting invitation you have received. Once you have logged in, you can cancel the meeting. If you wish, you can make a new appointment instead.

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