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“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 2009 Metropolitan Hotel / Athens, Greece Eastern Mediterranean Mediation Association Akti Poseidonos 10 www.emmamediation.com Piraeus 185 31
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“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 2009 Metropolitan Hotel / Athens, Greece Eastern Mediterranean Mediation Association Akti Poseidonos 10 www.emmamediation.comPiraeus 185 31 info@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”.
“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
Cost Speed Quality Predictability Control Flexibility Confidentiality Limited risk Liability Non-binding Voluntary Perspective
“Ethos” “Pathos” “Logos”
“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