1. Early Intervention – a brief summary
Rhys Clift
Mediator and maritime lawyer

2. Outline What is EI and why use it? Why use/advantages?
Why not to use/disadvantages?
How does it work?
What is the process?
How do you start EI?
How is it regulated?
How does it work in practice?
Does it work, is it effective? Statistics
Is it well known? Market awareness/familiarity

3. What is it? Why use it? What is it? Highly Flexible
Introduces Mediator at earlier stage
Process confidential and without prejudice
Initial communications by telephone or

4. What is it? Why use it? Why use it?
Mediation often comes late in the day
Parties often have a good idea of merits very quickly
But, then spend £000’s verifying what they know
Rarely changes view of merits significantly
EI designed to work out how to get sufficiently informed position, ASAP

5. Why use/advantages? Client participation Client Control
Inexpensive (compared to cost of legal process)
Privacy/no publicity
Allows parties to get on with (other) business
Allows time for reflection
May be useful preparation for mediation

6. Why not to use/disadvantages?
Matters of genuine principle – really (money)?
Publicity needed – really (rare)?
Need security- get it first (arrest/injunction), if really necessary
Need evidence- get it first (disclosure, search and seizure, statements), if really necessary
Bear in mind compromise can hurt – but 98% of cases settle (but when?)
Or is mediation better? Why?

7. What is the process? How does it work?
Mediator works with parties and/or their representatives
Telephone, , shuttle meetings, chaired meetings
Identify key issues/concerns
Work out “shopping lists” and “road map”
Key facts
Central expert issues
Core legal issues

8. How do you start? Appointment of Mediator Then Initial Exploration
Parties agree between themselves; or
Parties ask SeaMediation to appoint; or
Unilateral appointment by one party (a key distinguishing feature of mediation)
Then Initial Exploration
Free of charge
Max 1 hour per party up to max 3 hours

9. How do you start? Initial Exploration
One party asks Mediator to approach other parties
Appointing party agrees process is WP and Confidential
Mediator seeks agreement from other parties as to the Initial Exploration being WP and Confidential - crucial
It costs nothing to explore!

10. How regulated? Terms and Conditions Fees
T&C essential to protect the parties
Use SeaMediation Standard Early Intervention Terms
Fees
£400 per hour split equally between parties
Importance of budget (usually an initial cap, subject to review/agreement)

11. How does it work in practice?
Different tempo to mediation
No “mediation day” to focus minds
More “business as usual” claims process
Importance of scheduling calls - momentum
Parties’ representatives need to clear minds ahead of time
Not just “Early” Intervention
Early stages were original target
But, can be used at any stage (application and appeal is wider)

12. Does it work, is it effective?
Some Early Intervention Stats
Concept first mooted early 2015
From a standing start to mid 2018: 78 Early Interventions initiated
11 Initial Exploration rejected outright
8 did not get beyond the free period of Initial Exploration

13. Does it work, is it effective?
Remaining 59 progressed, of which:
25 are active and 5 are pending
20 have settled (20/78 = 25%; 20/59 = 33%)
4 did not settle
5 became mediations
These have actively involved 176 named parties

14. Market awareness Widely known, familiarity: Clubs Insurers
Large owners, operators, traders, and oil companies

15. Conclusions A highly flexible new process
Introduces a mediator at an early stage
Confidential and without prejudice
Has many of the advantages, and uses many of the features, which have made mediation so successful
Relatively inexpensive, allows parties to get on with other business and allows time for reflection

16. Conclusions
A process for settlement in itself or can be a useful way to lay the ground for mediation
Not a substitute for mediation
Generally requires a high degree of knowledge and expertise on the part of the mediator to be successful
Above all it works and cases settle

17. Early Intervention – a brief summary
Rhys Clift
Mediator and maritime lawyer
Tel: + 44 (0)
Mob: