Jurisdiction

“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

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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

(Mediar360 - Dispute Resolution )/ /Leave a comment

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…

Mediation, mediation as a career, Mediation Practice, Mediation Skills, Mediation wisdom

(Kwok, Ng & Chan, Solicitors & Notaries)/ /3 Comments

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…

Causes of Conflict, Conflict, Cooperation, Mediation wisdom, peace negotiations

(University of New South Wales)/ /1 Comment

  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…

Brazil, Co-mediation, Cross-cultural, Dispute Resolution, General, Singapore, Singapore Convention on Mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /4 Comments

My participation in the Singapore Convention Week (SC Week, August 2022), at the invitation of the Singapore Minister of Justice and the UNCITRAL Academy, has raised my awareness about the advantages of co-mediation. As I mentioned in my previous post, among several relevant topics discussed on our panel , the one related to the benefits…

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…

India, Legislation

(Independent Advocate)/ /2 Comments

The quest for India’s comprehensive legislation on commercial mediation has culminated in the formulation of the Draft Mediation Bill 2021 (“Bill”). The Bill was tabled by the Union Law Minister in the Indian Parliament in December 2021, after which it was referred to the Parliamentary Standing Committee on Personnel, Public Grievances, Law & Justice (“Committee”)…

Creativity, Future of mediation, Mediation and Society, Mediation as a business, mediation as a career, Mediation Practice, Mediation wisdom, Practical Challenges for Mediators, Promoting Mediation

(University of New South Wales)/ /6 Comments

In the famous story of Noah’s Ark, Noah questions God about how he will find the animals he has been instructed to put in the ark. God replies, ‘If you build it, they will come’. The consistent repetition of this quotation throughout history (think of Kevin Costner’s movie Field of Dreams ) has created something…