It is no secret that the time I spent studying and working with the Harvard Program on Negotiation (PON) was the start of a love affair that has endured.The material from Fisher and Ury’s ‘Getting to Yes’, which evolved into the Seven Elements, is constantly useful as a strategic thinking tool. Addressing my group of…
On 31 August 2023, I spoke at the Maxwell Chambers of Singapore on “Facilitative and Evaluative Models of Mediation: Is the Distinction Still Meaningful or Simply Arcane Semantics? Is it time to bring Evaluative Mediation out of the Shadows” as one of the panel speakers. I am very grateful to the moderator Ms Eunice Chua…
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…
What is Cab Rank Rule? The Four Bars (namely, England and Wales, Ireland, Northern Ireland and Scotland) have recently issued a joint statement on the cab rank rule. According to the statement, the cab rank rule mandates barristers not to discriminate between clients, and that they must take on any case provided that it is…
Originated in Hong Kong, the “Mediate First” movement is gaining momentum in and beyond the city, with individuals, organisations and businesses acknowledging the benefits of exploring mediation as the first step in resolving disputes, which include time and cost savings, reduced stress, more autonomy and confidentiality. What is “Mediate First” Pledge? The “Mediate…
Repetition works. It is a passive, effective tool of persuasion. It features heavily in the online marketing of programs for business leaders and, (as I am reminded as I endure another round of parliamentary elections in my country) in the fear-inducing speeches of politicians desperate to avoid an election loss. A Google search of ‘The…
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,…
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…
In 2006, the Hong Kong Government introduced a scheme that marriages can be officiated by civil celebrants at a time and a venue chosen by the couple. Since then, I have been practising as a civil celebrant along with my other areas of practice. At the time of becoming a civil celebrant, I thought officiating…
This week the facilitator of a conflict resolution group to which I belong posed this question: ‘What is the greatest challenge currently facing us?’ My answer came quickly – the threat of hyper-polarization in an increasingly dangerous world. It was not particularly original or insightful of me – hyper-polarization seems to feature constantly in…
