Hong Kong

Arbitration, Australia, Commercial Mediation, Dispute Resolution, Due Process, Hong Kong, Legal Issues, Legislation, Med-Arb Clauses, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, The role of the mediator

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(This post is being republished because of technical problems when it was first published) The recently reported Australian case of Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610 (8 May 2018) provides a useful lesson in how not to conduct the hybrid Arb-Med-Arb process, from which (I hope) we might learn how to…

Accreditation, Cross-cultural, Developing the Field, Evaluative Mediation, Future of mediation, Hong Kong, mediation models

(Singapore International Dispute Resolution Academy)/ /1 Comment

Greg Bond’s recent post on mediation cultures reminded me of an encounter I had with a group of mediators several years ago. Allow me to share with you my recollection of what happened. I was conducting a workshop on international and intercultural approaches to mediation for 15 freshly-minted mediators from a European country — all…

ADR, Commercial Mediation, Confidentiality, Court Procedure and Litigation, cross-border mediation, Developing the Field, Enforcement of a Mediation Clause, harmonisation of mediation law, Hong Kong, International commercial mediation, International Courts, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Act, Mediation Reforms (Legislation, etc.), Quality, Reform, Regulation, Singapore, Third Party Funding

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation. In 2017 Singapore offers international parties a full suite of dispute resolution services for commercial cross-border disputes. The Singapore International Arbitration Centre (SIAC) is well-established, having been founded in 1991, and Singapore…

ADR, Apologies, Apology, General, Hong Kong, Legal Issues, Legislation, Mistakes, Reform, Samoa

(Singapore International Dispute Resolution Academy)/ /4 Comments

On the last day of the year, like many of you, I find myself reflecting on the events of the past 12 months, the highs and lows, the tensions and the takeaways. Here is one of the takeaways. In January this year I spent a day hiking through some spectacular scenery in Hong Kong. We…

crisis negotiatons, Developing the Field, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, Interests, Intuition, mediation models, Mediation Practice, Negotiation, Skills, Social intelligence, Tactics, Training, Uncategorized

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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…

Causes of Conflict, Conflict, crisis negotiatons, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, Mediation Practice, Negotiation, Practical Challenges for Mediators, Skills, Social intelligence, Tactics, Time Pressure

(Singapore International Dispute Resolution Academy)/ /Leave a comment

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,…

Commercial Mediation, Conventional wisdom, Creativity, Efficiency, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Lawyers, Lawyers and Psychologists, mediation as a career, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Mentoring, Mistakes, Singapore, Standards, Status, Stories, Success in mediation, Switzerland, Understanding mediation, War Stories

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Having last week returned to New Zealand from Singapore where I was honoured take part in the launch of the ICC Mediation Rules, I saw first hand the support for mediation in Singapore from powerful institutions like the Singapore Judiciary and the Ministry of Law. Singapore, and my guess is Asia in general, is in the…

ADR, Appointment of Mediators, Arbitration, Confidentiality, Dispute Resolution, Due Process, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, International Mediation, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Mediation Practice, Mediation Reforms (Legislation, etc.), Pre-arbitration Dispute Settlement Procedures, Regulation

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In a previous posting I looked at Hong Kong’s new Mediation Ordinance, which came into force on 1 January 2013. This legislative activity comes hot on the heels of a major revision of the Hong Kong Arbitration Ordinance which came into effect in 2011. Given the increasing interest in multi-tiered dispute resolution (MDR) processes such…

Accreditation, ADR, Cross-cultural, Developing the Field, Dispute Resolution, General, Hong Kong, Jurisdiction, Legal Issues, Legislation, mediation as a career, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Standards, Training

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Well, the New Year is a time for reflections, making new resolutions and fresh starts. In Hong Kong the 1st of January 2013 saw a fresh start for the mediation regulatory regime with the coming into force of the Mediation Ordinance (MO), which I wrote about last month. But it’s not just the MO, which…