Hong Kong

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

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

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…

Artificial Intelligene, Deal Mediation, Decision making, Dispute Resolution, Future of mediation, Mediation, Mediation and Society, Mediation Practice, Mediation wisdom

(Bruce Greig, Civil and Commercial Mediator)/ /1 Comment

Most people’s experience of artificial intelligence (AI) is limited to interacting with a chat bot on their bank’s website. These bots are unimpressive, dispensing trivial and mostly unhelpful answers. Don’t be misled into thinking that unhelpful chat bots represent the state of the art in AI, though. The cutting edge of AI research has moved…

Chinese Culture, Mediation, mediation as a career, Mediation Practice, Mediation Skills, Mindset, peace negotiations, Philosophy, Settlement Agreements

(Kwok, Ng & Chan, Solicitors & Notaries)/ /4 Comments

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…

Australia, Dispute Resolution, Future of mediation, Mediation, Mediation and Society, Mediation Practice, Mediation wisdom, Online Mediation, Uncategorized

(Strategic Resolution)/ /Leave a comment

Online processes in all professions soared during Covid. The legal profession was transformed. A multitude of online mediation platforms miraculously appeared and mediators barely skipped a beat. Benefits emerged – especially in a geographically vast continent like Australia – where advocates and their clients in distant locations saved significant costs in time, travelling expenses and…

Causes of Conflict, Conflict, Dispute Resolution, Ethics, Mediation, Mediation and Society, Uncategorized

(Hoffmann Eitle )/ /3 Comments

As soon as the news of the Ukrainian invasion emerged in late February, I felt the urgent need to address in writing what had been unthinkable only days earlier but which has now changed Europe for good. At the same time, I felt a massive sense of despair and helplessness which rendered me mute. Weeks…

Mediation, mediation as a career, Mediation Skills, Mediation wisdom, Online Dispute Resolution (ODR), Online Mediation, Values and attributes of a mediator, Zoom

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

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…

ADR, Bias, Commercial Mediation, Dispute Resolution, Game Theory, Mediation Outcomes, Mediation wisdom, Reality-Testing

(Bruce Greig, Civil and Commercial Mediator)/ /1 Comment

Kleros is a cryptocurrency dispute resolution platform. It uses crypto tokens and game theory to resolve real-world disputes. It follows an automated process with no discussion, no nuance, no probing questions. It seems to be at the opposite end of the dispute resolution spectrum to mediation. Yet I think there is something that mediators can…

Australia, Cooperation, Creativity, Experience, Flexibility, Mediation Practice, Mediation wisdom, Mindset, Peer Coaching, Preparation, Teamwork, Zoom

(University of New South Wales)/ /1 Comment

  The Daily Blogpost from the Harvard Program on Negotiation (PON) is always a great way to start the day. A quick read, it often turns something that I have been processing at the back of my mind into a more solid idea I can inspect and explore. This week, a particularly relevant post about…

China, eBRAM, Hong Kong, Investor-State dispute settlement, Investor-state mediation, Mediation, UNCITRAL

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

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…

ADR, Commercial Mediation, Deal Mediation, Decision making, Dispute Resolution, Intuition, Mediation wisdom, Uncategorized

(Bruce Greig, Civil and Commercial Mediator)/ /1 Comment

I teach an online course for lawyers to help them become more comfortable working with numbers. We spend quite a lot of time on litigation forecasting: assigning probabilities to different outcomes, combining these probabilities correctly and coming up with an overall estimated value for the claim. This is useful to frame the parameters for any…