Below was a conversation between two Chinese philosophers, namely, Huizi (“Hui”) and Zhuangzi (“Zhuang”) on the Joy of Fish when they were strolling on a bridge over River Hao more than two thousand two hundred years ago. Zhuang : That minnow swims leisurely and it must be joyful. Hui : You…
As a mediator, have you ever come across a situation where the parties and their respective legal representatives insist to have a face-to-face mediation session with you against a backdrop of sudden rise of confirmed Covid cases in your city to the extent that social distancing measures are being tightened and the Judiciary has announced…
Mediation is a confidential process with an impartial third party (the mediator) assisting the disputing parties to reach a mutually acceptable solution. Skilled mediators are also engaged by potential business partners to assist in the deal-making process. The Hong Kong SAR Government (Hong Kong Government) and in particular the Department of Justice has been promoting…
Dear Young Mediation Enthusiast, Last December, I sent you a letter and shared three topics of mediation, namely, (1) qualifications; (2) practice and marketing; and (3) training, with you. Thank you for keeping in touch with me despite the pandemic. I am glad that you are still keen to start your mediation practice. Your further…
Readers of the Kluwer Mediation Blog may notice that the first batch of blog entries of Kluwer Mediation Blog (KMB) were posted by Michael Mcllwrath, Michael Leathes, Geoff Sharp, Ales Zalar with Eleanor Taylor writing a welcome note on behalf of Kluwer Law International and the Introductory Post from the Co-Editors (Introductory Post) by Bill Marsh…
Conducting mediation and arbitration meetings by remote means is not new to mediators, arbitrators, and practitioners. In the wake of the COVID-19 pandemic, in-person meetings have been replaced with video teleconference. Remote or virtual participation in mediation sessions, arbitration hearings, and even court trials become a new normal. Founded in 2018, eBRAM International Online Dispute…
As a mediation trainer and practitioner for more than a decade, it is hearten to see that mediation has gained a prominent role in Hong Kong’s dispute resolution sector with growing popularity amongst practitioners and the public. Being part of this blooming mediation community and a member of the Steering Committee on Mediation chaired by…
In November 2009, John Kenyon published a blog entry titled “Mediation Jokes” with the first sentence saying, “There is much discussion on whether or not mediation is a profession yet one of the defining marks of a profession is when you can tell jokes about its practitioners.” With the passage of time, the practice of…
On 28 August 2010, the Standing Committee of the National People’s Congress promulgated the People’s Mediation Law of the People’s Republic of China (“Mainland China”). The People’s Mediation Law came into effect on 1 January 2011. Those who are familiar with the latest ADR development of Mainland China know that People’s Mediation is not the…
Dear Young Mediation Enthusiast, Thank you for writing to me and expressing your great interest in mediation after going through the 40-hour training and passing the accreditation assessments with flying colours. I am grateful to you for raising several important issues relating to the practice of mediation and how a mediator should charter the way…
