ADR

ADR, Dispute Resolution, Hong Kong, Mediation and Society, mediation as a career, Mediation Practice

(Kwok, Ng & Chan, Solicitors & Notaries)/ /1 Comment

Ms Machimdhorn Khampiranont (“MA”) is the Acting Managing Director of Thailand Arbitration Center (“THAC”), which has been set up to support and provide neutral and independent alternative dispute resolution services of international standards. Prior to holding the present position as THAC’s Acting Managing Director, MA was initially appointed as THAC’s Registrar and subsequently became the…

ADR, Brazil, Dialogue, Dispute Resolution, Ethics, Uncategorized

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The inspiration for this month’s post came from the recently released news on social media, which attracted a lot of attention because it involved the mediation carried on during the divorce process of a famous couple. This mediation procedure has been questioned and has generated a lot of debate in the mediation community. My comments…

ADR, Availability of Mediators, Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, Singapore, Singapore Convention on Mediation, Standards, Success in mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

The Singapore International Dispute Resolution Academy (SIDRA) launched its International Dispute Resolution Survey: 2022 Final Report on 31 August 2022. The SIDRA Survey is commissioned by the Singapore Ministry of Law and is into its second iteration, with the first SIDRA Survey Report published in 2020.   The 2022 Final Report continues SIDRA’s global study…

ADR, China, Chinese Culture, cross-border mediation, Hong Kong, ICSID, Investor-state mediation, People’s Mediation Law

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Introduction  China’s noticeable absence from ISDS cases raises interesting questions about the resolution of investor-state disputes from a Chinese perspective. So far, there have only been 15 ISDS cases brought on behalf of Chinese investors, with China having been on the receiving end of 9 claims. One might consider these figures very low, when compared,…

ADR, Brazil, Cooperation, Developing the Field, Dispute Resolution, Efficiency, Growth of the Field (Challenges, New Sectors, etc.), Mediation, Uncategorized

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The inspiration to write this article came from a film I watched recently – The Whale – starring Brendan Fraser, who plays an obese man leading an extremely sedentary life. In my opinion, his character’s (Charlie) physiognomy is one of the elements that captures the story narrative. Again, the inspiration to write the article, after…

ADR, eBRAM, Family Mediation, Hong Kong, Mediation, Promoting Mediation

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

Secondary school students also have an important role to play in upholding the rule of law.   The idea of organising a mediation essay competition for secondary school students was mooted in 2019. Despite the covid pandemic, the Mediation Essay Competition 2020 was successfully organised by the Department of Justice, the Education Bureau, Rotary International…

ADR, Australia, Business, Confidentiality, Conventional wisdom, Developing the Field, Uncategorized

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One of the great professional satisfactions of being part of the mediation community is that it sits within a much wider cluster of non-adjudicative processes. This proximity to a broader cluster represents an opportunity for learning, experiment and the exercise of curiosity and investigation. In Australia, the cluster of which mediation is a part  includes…

Accreditation, ADR, Australia, Conciliation, Developing the Field, Dispute Resolution, mediation as a career, Mediation Practice, Mediation Training, Research, Standards

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The consultation phase of the independent review of the Australian National Mediator Accreditation System (NMAS Review 2020-22) was completed in May and Findings and Recommendations are now available. The NMAS has been reviewed twice since its implementation in 2008. The Mediator Standards Board(MSB) share on their website that the most recent review was led by…

ADR, Apology, Dispute Resolution, International Mediation, Mediation, mediation as a career, Promoting Mediation, Uncategorized

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Mr Rimsky Yuen GBM SC JP was appointed as the Secretary for Justice of the Hong Kong Special Administrative Region Government (“Hong Kong Government”) on 1 July 2012. Prior to July 2012, Rimsky practised as a barrister primarily in different areas of commercial law. Apart from acting as advocate in court or arbitral proceedings, he…

ADR, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, History of mediation, Judges as mediators, Lawyers, lawyers in mediation, Litigation, Mandatory mediation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Training, Settlement Agreements, Standards, Training, Understanding mediation, user perspectives

(Strategic Resolution) and (University of New South Wales)/ /1 Comment

                                                        In the beginning … Back in the 1976 Pound Conference called “Proceedings of the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice”, Harvard…