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Have your say on international commercial mediation

STOP PRESS

For one more week only you have the chance to have your say on the enforcement of cross-border mediated settlement agreements. I encourage each and every one of you to offer your input.

Two surveys will be gathering input from dispute resolution professionals and others on the challenge of enforcing settlement agreements across borders.

The surveys are intended to provide empirical data to aid the decision making process for the proposed UNCITRAL settlement convention on the international enforcement of settlements reached in mediation.

IMI Survey of Corporate Needs

The first survey is just four questions, and is from the International Mediation Institute. It is focused on the l [...]

SETTLEMENT – A Mediator’s Prayer

Hong Kong mediator, lawyer and poet, TK Iu, was introduced to readers by fellow blogger Joel Lee earlier this year. TK’s first published poetic piece on mediation was entitled, ‘A Mediator’s Prayer’, inspired by the Peace Prayer of St. Francis of Assisi. If you missed it, it’s well worth the read. In just a few lines, ‘A Mediator’s Prayer’ prompts mediators to reflect on why we do what we do – both in the mediation room and beyond.

TK’s most recent piece is entitled ‘SETTLEMENT’. I have taken the liberty to set it out here for readers. As I read its lines again, I can’t help thinking what a creative tool this would be for mediator training. There’s loads of studies that show the utility of [...]

The Race towards a New York Convention for Cross-border Mediated Settlement Agreements: the Fable of the Tortoise and the Hare Revisited?

Tortoise-Hare-new-version

In his recent posting for the Kluwer Arbitration Blog, Michael McIlwrath picks up on what I affectionately refer to as the NYC4M (New York Convention for Mediation) theme, that is the debate about whether an international convention for the enforcement and recognition of cross-border mediated settlement agreements would assist the development of, and promote the use of, cross-border mediation. It’s a theme that Geoff Sharp of this Blog has also pursued. Moreover, the International Mediation Institute and the International Bar Association have recently announced a joint Taskforce to pursue an NYC4M.

While the idea seems at first glance like a no-brainer, an obviously attractive proposal t [...]

Our best negotiators are humble people …

Talking to Dr Gilbert Wong
Senior Superintendent, Commanding Officer, Police Negotiation Cadre, Hong Kong

Walking into Gilbert Wong’s office is like stumbling into Aladdin’s Cave – a treasure trove of memories and stories of his 21 years in the Hong Kong Police Force. Amongst his library of books on crisis negotiation, psychology, counselling, psychotherapy and other relevant fields, there are mementos, certificates, awards and honours representing this negotiator’s passion for people and his commitment to developing the field of crisis negotiation. A certified hypnotherapist, and a graduate of universities in Australia and the United States, FBI (Federal Bureau of Investigation) N [...]

What can mediators learn from crisis negotiators?

Next week I am going to interview one of Hong Kong’s leading police negotiators, Dr Gilbert Wong, Commanding Officer of the Police Negotiation Cadre (PNC). When I first emailed with Gilbert, I was struck by the signature line of his email: “Who Cares Wins”. While it could be a mediator’s tagline, it is in fact, the motto of the PNC.

As the South China Morning Post reported this month, most of Gilbert’s negotiations are with people who are so emotionally distraught and without hope that they are threatening to commit suicide. Now, in anyone’s book, that’s a tough negotiation.

So what is the key to crisis negotiating? According to the SCMP, it’s first about identifying what’s important for [...]

Nudging cross-border mediation forward

How do you get people to eat more fruit and less junk food?

How do you get more people to agree to donate their organs?

How do you get more people to engage in cross-border mediation?

I’ll come back to food and organs shortly. Let’s stay with mediation for a minute.

Within Asia, Hong Kong, Singapore and other centres are positioning themselves as regional leaders in cross-border mediation. Statistically though, there is not an enormous amount of cross-border mediation going on. International arbitration remains the process of choice.

At mediation conferences and other get-togethers, mediators and other ADR advocates ask themselves, why?

Some say it’s the lack of an international lega [...]

What’s in Store for 2014 at the Kluwer Mediation Blog

Dear Readers,
Welcome to 2014. In Hong Kong and the rest of the Chinese world this time of year represents a special type of temporality between the Western and Chinese New Year’s celebrations. This week, when people are wishing me a Happy New Year, I cannot be sure whether they referring to 1 January which has just passed or 31 January which is around the corner, heralding the Year of the Horse. This ambiguous space offers up an ideal time for reflection, not to mention a second chance at New Years Resolutions.

During the first three weeks of 2014, my colleagues at the Kluwer Mediation Blog have posted erudite reflections on the growing sophistication of corridor mediation techniques and [...]

Recommendations to develop International Commercial Mediation in Singapore

So, dear Readers,
This time last year I was telling you about new mediation initiatives in Hong Kong. Well, this year I hope to send you into the festive season with some very exciting news from Singapore.

On 3 December 2013, Singapore’s Ministry of Law unveiled key initiatives to transform and develop its international commercial mediation sector. Based on recommendations of a Working Group established in April 2013 by Singapore’s Chief Justice and the Ministry, the recommendations include the establishment of two new independent mediation entities: a new professional mediation body (the “Singapore International Mediation Institute”), and a new international mediation service provi [...]

Chief Justice of Samoa launches Mediation rules

From the Samoan Observer 28 August 2013

Chief Justice, His Honour Patu Tiava’asue Falefatu Sapolu yesterday launched Samoa’s Mediation Rules 2013 during a gathering at the Samoa Tourism Authority (STA) fale.

Prime Minister Tuilaepa Sa’ilele Malielegaoi was among Cabinet Ministers and senior government officials present. Also present was the Speaker of the House, La’auli Leuatea Polata’ivao as well as members of the judiciary.
His Honour Patu said the launch yesterday was a significant milestone for Samoa.

“Mediation is something very new but very old in Samoa,” he said. “Mediation has many similarities with the traditional Samoan way of settling disputes through the village [...]

Engineering Peace: Achieving the promise of mediation in the world’s most difficult conflicts

This is the first of a series of four blog postings written by Nadja Alexander , Michael Leathes , Tina Monberg and Irena Vanenkova.

Achieving the promise of mediation in conflicts that threaten the stability of societies and economies is one of the most important challenges of our time. Inspiring progress has been made in the past few years by the UN, and political leaders increasingly perceive mediation as vital for avoiding and resolving conflict at all levels in society, worldwide. Yet in individual cases mediation is rarely used as an avoidance and prevention process, and left until conflicts have escalated to the point that achieving a timely negotiated outcome, or avoiding a catast [...]