Jurisdiction

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…

Artificial Intelligene, Brazil, Communication, Conflict, Creativity, Dispute Resolution

(Mediar360 - Dispute Resolution )/ /Leave a comment

In 2017, I wrote one of my most read articles on Kluwer: Elementary my dear Watson! At that time, artificial intelligence (AI) had already invaded our lives and much was being discussed about its potential to replace human beings. In my article, I wondered about the possibility of AI replacing the mediator. And the answer,…

Discrimination, Dispute Resolution, mediation as a career, Mediation wisdom, Mediator's Image, Promoting Mediation, Values and attributes of a mediator

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

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…

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…

Communication, Decision making, Developing the Field, Dispute Resolution, Domestic Courts, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Opt-Out, Promoting Mediation, Public Policy, Scotland

(University of Strathclyde)/ /1 Comment

The idea of using insights from behavioural science to achieve desirable policy goals burst into popular consciousness with the publication of Nudge: Improving Decisions About Health, Wealth, and Happiness (R Thaler and C Sunstein, Yale University Press, 2008.) It describes the appealing notion that people can be encouraged to make good choices by the way…

“Mediate First” Pledge campaign (“MFP”), Dispute Resolution, Hong Kong, Mediation, MEDIATION EVENT, Uncategorized

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

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…

Conflict, conlfict coaching, Dialogue, Framing, Mediation, Mediation and Society, Uncategorized

(University of New South Wales)/ /Leave a comment

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…

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…