“a baltic accident” principles and process of mediation what it is and how it works martin hall...

“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