Mediation from an Investor’s Perspective

2. Mediation from an Investor’s Perspective Wolf von Kumberg Member Arb DB London Former Assistant General Counsel Northrop Grumman Corporation Wolf.vonkumberg@arbdb.com

3. Why Mediation works for Business • can be attempted at any stage in a dispute; • is inexpensive and quick; • saves management and employee time spent in years of litigation preparation; • allows for solutions that go beyond the remedies available to a court or arbitration tribunal; • allows face to face contact between principals;

4. provides route to a win-win solution and allows a party to save face; (important for politically sensitive situations); • preserves ongoing relationships which is vital for Government business; • takes into account cultural norms and concerns which a Court can not consider; • permits all stakeholders to take part (example local community leaders); • allows parties to retain control of the settlement process.

5. When is Mediation most effective ? • parties have an ongoing relationship to preserve; • parties want to avoid publicity associated with litigation; • parties require confidentiality; • costs of proceeding to arbitration are simply too high; • the dispute is capable of resolution through innovative solutions, that may permit the relationship to go on; • the key decision makers are present; • the dispute must be resolved quickly; • There are interests that the parties can agree to meet.

6. How it Works • the process is confidential and the settlement can be kept confidential so that Government and commercial secrecy is maintained; • the process is “without prejudice” and nothing can be used in subsequent proceedings; • neither party compromises its position; • can choose the mediator or mediators best qualified to assist with the dispute at hand; • unlike arbitration, mediation need not go through an administering agency.

7. Getting to a Settlement • negotiation is most productive when the parties focus on their underlying interests and concerns, avoiding fixed positions; • the mediator can help the parties crystallize their own interests and understand each other's interests; • the mediator can defuse adversarial stances and develop a more cooperative approach;

8. the mediator will narrow or expand the range of issues as appropriate for effective resolution of a particular dispute; • the process will force each party to generate ideas, to develop options and alternative proposals that will lead to a mutually acceptable solution; • parties are safe to try out unusual solutions in a confidential setting.

9. Wolf von Kumberg • Member ArbDB Chambers • +44 78760 27093 • Wolf.vonkumberg@arbdb.com • www.arbdb.com PICTURE

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