Mediator Resume

Alves Pereira & Teixeira de Sousa RL

Attorney, Mediator, Arbitrator

Senior Partner, Alves Pereira & Teixeira de Sousa R.L. 2007-present; Senior Partner, Alves Pereira - Advogados, 2003-07; Senior and Managing Partner, Barrocas & Alves Pereira, 2000-03; Senior Partner, Jose Alves Pereira & Associados, 1990-00; Partner, Vieira De Almeida & Alves Pereira, 1980-90; Associate and Partner, Goncalves Pereira, Advogado, 1971-80.

Has been a professional lawyer for the last 38 years, practicing in Mozambique-East Africa and Portugal. Member of the Portugal Bar since 1971, as well as a member of the newly established Mozambique Bar since 1998. Qualified to practise law before all courts in Portugal and Mozambique. Areas of law practise include product liability, corporate, business, insurance, aviation and construction. Law practice also includes extensive experience in arbitration, both ad hoc and institutional, national and international (in the last case with ICC) and some experience in Mediation. Helped to create the Arbitration Centre of the Portuguese Bar in 1992, and subsequently served as president of the centre.

Due to lack of tradition of mediation in the Portuguese legal arena and the fact that a comprehensive law on mediation ensuring confidentiality and suspension of time bars only came into force on 19th May 2013, the number of commercial mediators in Portugal is extremely low. In spite of that, mediator intervened in three commercial mediations: the first in 1999, involving various purchasers of touristic property and the developer, in a aggregate amount of about 10 million dollars, in which an agreement was concluded; the second in 2002, dealing with compensation for extra works in a $8,000,000 contract also concluded with an agreement: and a third in 2007 connected with minority shareholders rights for a value difficult to access, in which an agreement was not possible.

In the three cases referred above, the issues were as follows: a) In the owners vs developer, the matter gravitated around the right for the developer to enforce contractual provisions of a general nature, charging fees to the owners for the provision of basic infrastructure works and sevices. b) In the extra works case, the matter was a claim by the contractor against the owner of a hospital facility for costs incurred due to change of specifications. c) In the third case, minority shareholders invoked right of information as to the grounds for decisions taken by the Board of Directors supported by the majority shareholders.

A mediator is a facilitator in the composition of interests between the parties, many times hidden or undisclosed due to lack of dialogue and negotiation. He builds bridges which the parties can cross, always keeping the initiative and control in the parties' hands. Being neutral, his behaviour and performance in all the mediation process is crucial to establish the necessary trust in the parties. In his imagination and skills lies the presentation and of an objective view for the interests at stake, together with suggestions of possible solutions to be considered by the parties. Ten essential concerns of a mediator: 1. Prepare your case. Obtain as much information as possible - and not only from the parties - on the case, the entities and the persons whom you are dealing with. 2. Focus on the real interests of the parties, objectively identified and evaluated, not forgetting that real interests are normally hidden. 3. During the mediation, information on interests is often revealed by statements, emotions and reactions of the parties. 4. Consider obtaining and cherish partial agreements along the way. Partial solutions may lead and encourage a global solution. 5. Insist on having around the table representatives of the parties with decision making powers. 6. Never forget that success of mediation depends on obtaining and maintaining the trust from parties. 7. Keep always neutral in words and attitudes. Do not take positions and do not opine on legal rights unless invited to do so, and in such a case, only during caucus. 8. The essential role of a mediator is to listen and to foster dialogue between the parties. 9. Be gentle but be firm. Be prepared to cut short aggravation or insults between the parties pointing out how unnecessary they are for a discussion. 10. Keep in mind that problems which require mediation are not simple and have not been solved by direct negotiation.

University of Lisbon (Graduate in Law-1968).

Admitted to the Bar: Portugal, 1971; Mozambique, 1998; Courts in Mozambique, 1968.

Portuguese Bar Association (Executive Council); World Jurist Association (President for Portugal); Arbitration Centre of Liberal Professions (President); American Bar Association (Associate); Chartered Institute of Arbitrators; London Court of International Arbitration; International Bar Association; International Association of Lawyers; Association of Trial Lawyers of America (Associate); Portuguese Arbitration Association (Founding Member).

"Arbitration in Portugal," V.I.A., 2003; "Prevention and Management of Conflicts," two articles, JOURNAL OF NEGOCIOS, 2002; "Mediation as an Alternative and Adequate Form of Dispute Resolution," Macau International Institute, 2002; variou other articles and speaking engagements on corporate and commercial legal matters.

Hourly Rate: Not provided Daily Rate: $400.00 Study Rate: $50.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: .

Portugal

Portugal