“A Baltic Accident”Principles and Process of Mediation

What it is and how it works

Martin Hall Clyde & Co (Greece) LLP

21 and 22 October 2009Metropolitan Hotel / Athens, Greece

Eastern Mediterranean Mediation Association

Akti Poseidonos 10www.emmamediation.com Piraeus 185 31info@emmamediation.com Greece

Tel: +30 210 417 0001 Fax: +30 210 417 0002

www.clydeco.com info@clyde.gr

“Here you do not stand sourly while a pale-faced short-tempered shopman whirls your purchase into a dexterously twisted screw of pale brown paper and sends your money trundling in a globe along naked wires. No; here before you make a purchase you can slap and thump a thing, and abuse and sneer at it and the man behind the stall will slap and thump it too, and praise it; and at last you will get the price down to near to what he will take and you will give. Then perhaps some old split-the-differ of the market rolls up and makes a bargain between you. Oh, you can enjoy buying in the Flat Iron Market”.

The increased use of Alternative Dispute Resolution Systems

What is Mediation?

“a process …whereby parties request a third person or persons…to assist them in their attempt to reach an amicable settlement with their dispute arising out of or relating to a contractual or other legal relationship. The Conciliator does not have the authority to impose upon the parties a solution to the dispute”.

Article 1 2002 UNCITRAL Model Law of International Commercial Conciliation

“A flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of their dispute or difference, but with parties in ultimate control of the decision to settle and the terms of resolution”.

CEDR

• Flexible process

• Conducted confidentially

• Neutral person actively assists parties

• Working towards a negotiated agreement

• Parties in ultimate control

Characteristics and Benefits of Mediation

• Cost• Speed• Quality• Predictability• Control• Flexibility

• Confidentiality• Limited risk• Liability• Non-binding• Voluntary• Perspective

Role of Mediator

“Ethos”

“Pathos”

“Logos”

Mediation versus Litigation

“How can you compel parties to indulge in a voluntary activity? You can take a horse to water but you cannot make him drink. To which those in favour of compulsory mediation reply – yes, but if you take a horse to water it usually does drink”

Lord Chief Justice