The Singapore Mediation Lecture (SML), proudly presented by the Singapore Mediation Centre and Aequitas Law LLP, in collaboration with the Singapore Management University, was held this year to promote greater understanding and use of mediation and alternative dispute resolution (ADR) processes in managing and resolving disputes.
This year’s Lecture was delivered by Dr. Orsolya Székely, Head of the Dispute Resolution Service at the World Bank, who shared insights on the World Bank Group’s accountability mechanisms and its mediation-based conflict resolution processes.
The Lecture was followed by an Appreciation Lunch for SMC’s mediators, adjudicators, and dispute resolution advocates, providing an opportunity for attendees to connect with like-minded professionals and expand their networks within the dispute resolution community.
Event
4th National Conference on Construction Adjudication: 20 years of Adjudication in Singapore
The Singapore Mediation Centre, as the Authorised Nominating Body under the Building and Construction Industry Security of Payment Act 2004 (“SOP Act”), and the Building and Construction Authority were pleased to jointly organise the 4th National Conference on Construction Adjudication.
Fittingly held on the 20th Anniversary of the SOP Act coming into force on 1 April 2025, the Conference traversed a broad canvas of diverse topics of interest to stakeholders across the construction industry, including developers, contractors, suppliers, consultants, and construction lawyers.
The programme began with a retrospective on key milestones in statutory adjudication, reviewing landmark decisions that have shaped the construction payment landscape. This was followed by a comparative analysis of the SOP Act and regional legislation, alongside stakeholder insights and expert discussions on the practical implications of adjudication. The event concluded with bold predictions on the future of adjudication and a lively debate on a deliberately provocative topic.
Event
SMC Signs MOU with Brunei Darussalam Arbitration Centre (BDAC)
The Singapore Mediation Centre (SMC) and the Brunei Darussalam Arbitration Centre (BDAC) have signed a Memorandum of Understanding during the Singapore Mediation Lecture and Appreciation Lunch 2024, further strengthening their partnership which began in 2022. Since then, SMC has trained and accredited 53 BDAC participants, with a third cohort undergoing training in September 2024.
This MOU marks a significant milestone in deepening collaboration between the two institutions, with a focus on advancing mediation practices, education, and professional development across the region. The partnership will include joint training, exchange programmes, and knowledge transfer, underscoring the shared commitment of both organisations to excellence in alternative dispute resolution.
This year’s lecture will focus on the types of long-term commercial contracts that involve a high degree of communication, collaboration and co-operation by the parties (i.e. the characteristics of a ‘relational contract’ under English law) and how disputes arising from such contracts can be resolved. In this regard, our keynote speaker and panellists will discuss the options including the SMC’s new scheme – Integrated Appropriate Dispute Resolution Framework or INTEGRAF, in which a Conflict Avoidance Board is constituted to help preserve relations and resolve disputes throughout the span of long term projects.
The keynote address will be delivered by The Right Honourable Lord Justice Peter Fraser, Royal Courts of Justice, Law Commission of England and Wales. The address will focus on relational contracts under English law as described in Alan Bates and Others v Post Office Limited [2019] EWHC 606. This will be followed by a discussion by our esteemed panellists on such contracts and INTEGRAF.
The lecture is suited for mediators, adjudicators and dispute resolution advocates who want a better understanding of the workings of a conflict avoidance board and how it helps in diffusing large scale disputes. The lecture will also be combined with an Appreciation Lunch for the SMC’s mediators, adjudicators and dispute resolution advocates. We are pleased to welcome those who wish to meet with like-minded participants and widen individual networks.
Kindly note that attendance to the physical event is by confirmation from Singapore Mediation Centre only.
Venue: Shangri-La Singapore, 22 Orange Grove Rd, Singapore 258350
Time: 09:00 to 14:30 hrs
Dress code: Business attire
Note: The physical event registration is closed
KEYNOTE SPEAKER
The Right Honourable Lord Justice Fraser Sir Peter Fraser
Royal Courts of Justice | Law Commission of England and Wales
The Right Honourable Lord Justice Fraser was called to the Bar (Middle Temple) in 1989 and took Silk in 2009. In 2002 he was appointed as a Recorder and as a High Court Judge in 2015, assigned to the King’s Bench Division. Lord Justice Fraser was educated at his local state secondary school, Harrogate Grammar School in Yorkshire, before reading Law at Cambridge. He graduated in 1986 and also obtained the postgraduate LLM degree from Cambridge, for which he studied 1987-1988.
He was called to the Bar in 1989 by Middle Temple. He completed his pupillage at Atkin Chambers in Gray’s Inn in 1990 practising as a barrister from there, both in the UK and internationally in a wide variety of jurisdictions. He was appointed a Recorder of the Crown Court in 2002, and Queen’s Counsel (now King’s Counsel) in 2009. He also sat as an arbitrator internationally under both the ICC, the DIAC and the HKIAC.
Lord Justice Fraser was appointed a High Court Judge in 2015, and was Judge in Charge of the Technology and Construction Court from 2017 to 2020. He became a Judge of the Commercial Court in 2021. On 29 June 2023 the Government announced the appointment of Lord Justice Fraser as the new Chair of the Law Commission of England and Wales. Taking up his role on 1 December 2023, Lord Justice Fraser will play a pivotal role in overseeing the Commission’s law reform and making key strategic decisions. Alongside the other Commissioners, he will be instrumental in leading the Commission’s work to ensure that the law is fair, modern, simple and cost effective.
His Majesty The King approved the appointment of Lord Justice Fraser as a Lord Justice of Appeal, from 15 December 2023.
PANELLIST
Judicial Commissioner Wong Li Kok Alex
SG Courts, Supreme Court
Judicial Commissioner Alex Wong Li Kok was appointed Judicial Commissioner of the Supreme Court on 1 August 2023. He was called to the Singapore Bar in 1999 and admitted as a solicitor in England and Wales in 2007. In 2018, He was designated a Senior Accredited Specialist for Building and Construction by the Singapore Academy of Law – the only transactional lawyer so designated by the Academy at that time.
Before he was appointed to his current position, Mr Wong was the Office Managing Partner of Hogan Lovells Lee & Lee where he practised as a transactional project finance lawyer in the energy, utilities and infrastructure space both in Singapore and internationally. In the years before he joined the bench, Mr Wong worked extensively on offshore wind power projects in Taiwan, water and mining projects in Africa and hydro power projects in Malaysia.
PANELLIST
Dr. Mark McLaughlin, Assistant Professor of Law
Singapore Management University
Mark McLaughlin is Assistant Professor of Law at Singapore Management University and the Singapore International Dispute Resolution Academy. His research focuses on the reform of arbitration and mediation, international economic law, and the intersection of law and technology.
Mark has been a trainer for government officials around the world in managing their investment treaty commitments and navigating investor-state disputes. In 2022, he became of a member of the ISDS Academic Forum. He has published in leading international journals on novel areas of law, such as investor-state mediation, state-owned enterprises, and artificial intelligence. He holds an LL.B. from the University of Glasgow and a Ph.D. from the China University of Political Science and Law, where he was a lecturer in international investment law.
MODERATOR
Mr. Francis Goh, Equity Partner
Harry Elias Partnership LLP
Francis Goh has been a mediator with the Singapore Mediation Centre (SMC) since 2001. Currently a Principal Mediator with the SMC, Francis is a SIMI and IMI Certified Mediator. He is also an IMI Certified Mediation Advocate. Francis is a mediation trainer, coach and assessor. With the over three decades of dispute resolution experience, Francis leads the International Arbitration and Mediation Practice group at Harry Elias Partnership. An early adopter of mediation since 2001, Francis has incorporated mediation techniques into his dispute resolution practice, both as mediation advocate and as mediator. Francis weaves litigation, arbitration and mediation expertise to obtain outcomes enabling clients and parties to ‘get back to doing business’ in a time and costs-efficient way. Francis is the Chairman of the Advocacy Committee of the Law Society of Singapore. He is a Fellow of the Chartered Institute of Arbitrators and the Singapore Institute of Arbitrators. Apart from the SMC, Francis is a Mediator on the panel of many institutions including the Singapore International Mediation Centre, the Brunei Darussalam Arbitration Centre, the Beihai Asia International Arbitration Centre and AAA-ICDR.
Number of Public CPD Point: To be advised
Practice Area: Alternative Dispute Resolution
Training Level: General
SILE Attendance Policy
Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes logging in at the start of the webinar and logging out at the conclusion of the webinar in the manner required by the organiser, and not being away from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity.
The Singapore Mediation Centre, alongside the Singapore Computer Society, introduces the Integrated Appropriate Dispute Resolution Framework (INTEGRAF) for managing high-stakes IT contract disputes. INTEGRAF de-escalates conflicts, promotes collaboration, and prevents litigation, ensuring robust business relationships and efficient contract negotiations.
Read on to explore how INTEGRAF can enhance your contract management.
IP Week @ SG 2024, now in its thirteenth edition, stands as the world’s premier Intellectual Property (IP) event. This prestigious gathering convenes IP thought leaders, legal experts, and innovative enterprises from across the globe. The event offers a unique platform for sharing insights, exploring the latest developments in IP, and fostering valuable professional connections. Hosted at the iconic Marina Bay Sands Expo and Convention Centre, participants will engage in a series of enlightening sessions, discussions, and networking opportunities designed to advance the understanding and application of intellectual property in today’s dynamic landscape.
Title of Event: IP Week @ SG 2024 Date: 27-28 August 2024 Format: Physical Location: Marina Bay Sands Expo and Convention Centre (MBS), Singapore
Mediating Community Disputes: Challenges,StrategiesandRewards
The Society of Mediation Professionals invites you to an online panel discussion with ExecutiveMasterMediatorMrStephenPohandMasterMediatorMsKatherineYapon their work with the Singapore Community Mediation Centre.
Joinour community mediationexperts tohear about their experiences, learnabout innovative approaches and explore the transformative power of dialogue and collaboration.
Be inspired by an engaging conversation that celebrates the vital role of community mediation in creating a more peaceful and connected society!
CommunityMediationCentreswerefirstsetupinSingaporein1998withthemissionof developing a “more harmonious, civil and gracious community, where social conflicts can beresolvedamicably”inkeepingwithourAsiantraditionsandculture.Aquarterofa centuryon,wejoinsomeofthededicatedmediatorsinourmidstwhoserveinthese centrestofindoutwhatmotivatesthemtocontributetheirtimeandefforttothiscause, aswellassomeofthechallengestheyfaceandthestrategiestheyemploytohelp disputants.Whetheryou’reacommunityleader,mediator,orjustpassionateabout conflict resolution, this discussion offers invaluable insights and strategies to foster harmonyand understandingbetweendiversecommunities.
EventDetails
Date&Time
Friday 31st May 2024, 6.30pm to 7.30pm
Place
Online @ ZOOM
(Log-in details to be provided to those who sign up)
Duration
Approx. 1 Hour
Pricing
SMPMembers:S$10 Non-SMP Members: S$20
In order to avoid disappointment, please register now. We apologise in advance if we are unabletoaccommodateyou.
Pleasealsonotethatthiseventmightbe recorded.Byattendingtheevent,youconsentto photographs and/or videos taken being taken which may be used by SMP for its website and relatedplatforms (including newsletters, emails or socialmedia sites).
Acareerfinancialsectorprofessional,Stephen‘recycled’himself, emergingasapartoftheADRindustry,focusingonmediation.In the last 26 years Stephen has been volunteering as a mediator with theMinistryofLaw’sCommunityMediationCentreUnitand concurrently is its designated mediator at the Community Disputes Resolution Tribunals (CDRT).
He is also a volunteer with the Community Justice Centre as a FRENS
(Friend Engaging and Support Scheme), and FLiP (Friend of Litigant in Person). As a FRENS and a FLiP and in
other CJC’s activities, volunteers generally provide court users emotional and practical
guidance. In most instances mediation skills help to better facilitate court processes.
Additionally, Stephen is a designated Ministry of Manpower (MOM) mediator under the auspice of the Foreign Domestic Worker Association for Social Support and Training (FAST). He is currently a mediator withA MediationCompany where activities revolvearound workplace and business disputes. He is also a consultant with a disposable medical product manufacturerandaMedicalConcierge.
AboutMsKatherineYap
Katherine Yap is a leading figureinthe establishment andgrowthof Maxwell Chambers inSingapore. Withover 15yearsof experience, shehasbeeninstrumentalindrivingsalesgrowth,leading transformation,andadvocatinginnovationinthealternativedispute resolution(ADR)arena.
KatherineplayedakeyroleintheexpansionofMaxwellChambers with the establishment of Maxwell Chambers Suites and co-founding oftheInternationalArbitrationCentreAlliance(IACA).
She is certified as an Associate Mediator at the Singapore Mediation CentreandMasterMediatorfortheCommunityMediationCentre and Mediator for the Singapore International MediationInstitute.SheisalsoonthePanelofMediatorswithBeihaiAsiaInternational ArbitrationCentreandExecutiveCommitteeoftheSocietyofMediationProfessionals (Singapore). She has over 10 years of experience in mediation and actively presides over mediationcaseswiththeCMC.
Moderator:MsLumKit-Wye
Kit-Wye is an Associate Professor at the Nanyang Business School, Nanyang Technological University where she teaches business law, negotiation and dispute resolution to both the undergraduates and post-graduate students.
She is on the Singapore International Mediation Centre’s panel of International Mediators, a Principal Mediator with the Singapore MediationCentre,anaccreditedmediatoronthe Panel of Mediators with the State Courts Centre for Dispute Resolution, a SIMI Certified Mediator and an IMI Certified Mediator.
Singapore Mediation Centre and China Council for the Promotion of International Trade (CCPIT) forge partnership with new MoU to enhance collaboration and mutual learning
Mr. Kevin Kwek, Chief Executive of Singapore Mediation Centre and Mr. Wang Shanhua, Chairman of China Council for the Promotion of International Trade (CCPIT) at the MOU signing ceremony.
Singapore Mediation Centre and China Council for the Promotion Of International Trade (CCPIT) signed a Memorandum of Understanding (MoU) on 20 May 2024 to foster a closer working relationship and deeper understanding between our organisations. We look forward to collaborating on future endeavours and learning from each other. View the gallery here.
We would like to congratulate both Viviene Sandhu and Dixon Soh who were involved in their first mediation case with the WIPO-Singapore ASEAN Mediation Programme (AMP) since successfully passing the IP Mediation Certification Programme in September 2022. The programme was a collaboration between Singapore Mediation Centre and Intellectual Property Office of Singapore. More information: https://tinyurl.com/ip-mediation
Justice Andre Maniam delivered the keynote address at ADR Symposium 2023 organised by the International Bar Association. In his speech, he addressed the concept of appropriate dispute resolution and the role of the courts.
According to Senior Minister of State for Manpower, Mr. Koh Poh Koon, the upcoming legislation on workplace fairness will provide more targeted penalties against discrimination but with an aim of settling such disputes through mediation.
With these new appointments and reappointment, the Supreme Court will house 28 Judges in total; comprising the Chief Justice, four Court of Appeal Justices, one Judicial Commissioner, six Senior Judges, and 19 International Judges.
On 28 March 2023, Uruguay becomes the most recent country to ratify the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention on Mediation”) and it will be enforceable on 28 September 2023.
In Maxx Engineering v PQ Builders Pte Ltd [2023] SGHC 71, the General Division of the High Court of Singapore (“High Court”) dealt with the issue of whether a party can be compelled, through the remedy of specific performance, to refer a dispute to mediation in accordance with their contractual obligations.
Mr Yeong Zee Kin appointed as new SAL Chief Executive. Mr Yeong is an internationally recognised expert in AI ethics and data privacy issues. Through his work with the Infocomm Media Development Authority (IMDA), he has helped position Singapore as a thought leader in Responsible AI by developing forward-thinking governance to support industry adoption of AI. He has also developed PDPC’s global reputation as a thought leader in data-driven technology policies and as an engaged regulator that supports innovation. His experience as a Technology, Media and Telecommunications lawyer spans both the private and public sectors. He has spoken and published in areas relating to technology regulation, data protection, electronic discovery and evidence, and intellectual property, as well as legal issues relating to Blockchain and AI deployment.
He commenced his career as a Deputy Public Prosecutor and State Counsel with the Attorney-General’s Chambers and was formerly a partner in Rajah & Tann LLP’s iTec (intellectual property, technology, entertainment, and communications) practice group. Prior to taking up his current appointment at IMDA, he was Senior State Counsel and Director of Technology Law in the Civil Division of AGC and was also legal advisor to the Smart Nation Programme Office and the Cyber Security Agency. Before that, he was Senior Assistant Registrar and CIO of the Supreme Court, during which time he worked tirelessly to keep Singapore at the forefront of court technology.
Mr Yeong is not unfamiliar with SAL. Between 2003 and 2005, he was seconded from AGC to SAL where he headed the LawNet Secretariat and managed the research portal’s operations. He was appointed to the SAL Senate in 2017 and has served on various SAL committees, including the TechLaw.Fest Steering Committee, the LawNet Management Committee and the IT Security Steering Committee. Mr Yeong was awarded The Public Service Medal (COVID-19) in 2022 and The Public Service Medal in 2017 in recognition of his contributions to SAL. SMC welcomes back Mr Yeong to the SAL family!
Justice Belinda Ang Saw Ean has been appointed as a Justice of the Court of Appeal of the Supreme Court for the period 1 Nov 2022 to 23 Apr 2024. Justice Ang is the Chairperson of SMC’s Board of Directors.
Singapore, 13 September 2022 – The Singapore Mediation Centre (“SMC”) announced today the appointment of Mr Pradeep Paul as its new Chief Executive (“CE”). Mr Paul who succeeds Mr Ban Jiun Ean will join SMC on 15 September 2022.
A veteran media and communications professional, Mr Paul was a senior member of MOH Holdings Pte Ltd management where he led branding and education campaigns to disseminate the Ministry of Health’s policy work to the public.
Mr Paul had worked closely with SMC when he headed the Healthcare Mediation Unit set up by the Ministry of Health in 2014 for medico-legal disputes in the healthcare sector. Under his guidance, more than 1,700 healthcare leaders and professionals attended workshops and training on mediation preparation and conflict de-escalation.
The Honourable Justice Belinda Ang, Chairperson of the Board of Directors of SMC said, “Pradeep’s strengths in stakeholder management, team leadership and business development will be assets as SMC continues to enlarge its footprint in the dispute resolution landscape.”
An active advocate for the use of mediation where parties can continue to preserve relationships even when they come to a dispute, Mr Paul said, “In my years with the Healthcare Mediation Unit, we notched up a high rate of amicable resolutions of medico-legal disputes. I now look forward to extending that to the wider community.”
In his speech at the opening ceremony for ‘Strategic Conflict Management for Professionals: Managing Conflicts and Resolving Disputes through Mediation with Accreditation’ programme, Minister at the Prime Minister’s Office of Brunei Darussalam, Pehin Datu Lailaraja Major General (Rtd) Dato Paduka Seri Haji Awang Halbi, said mediation has evolved to a more formalised process adopted by the courts and other bodies to settle disputes. The training programme was organised by the Brunei Darussalam Arbitration Centre (BDAC) in collaboration with Singapore Mediation Centre (SMC).
Ms Teh Hwee Hwee, has been appointed as Judicial Commissioners (JC) of the Supreme Court for a term of 18 months with effect from 1 August 2022. Ms Teh is one of SMC’s Board Member.
The Alternative Dispute Resolution (ADR) scheme – jointly developed and administered by the Infocomm Media Development Authority (IMDA) and the Singapore Mediation Centre (SMC) – will cover disputes over billing and unsolicited charges for all telecom and media services, such as mobile services, fibre connection services and subscription TV services.
Singapore’s Second Minister for Trade and Industry Tan See Leng told Parliament on Thursday, 3 March, mentioned that the Energy Market Authority (EMA) is reviewing the existing regulatory and licensing framework for electricity retailers, to strengthen it better to protect consumers. Consumers seeking recourse and keen to file appeals could approach the Consumers Association of Singapore, Singapore Mediation Centre (SMC) or Small Claims Tribunal for advice and assistance.
AN ONLINE dispute resolution service is expected to be launched by the Singapore Mediation Centre towards the end of this quarter, which can reduce the cost of resolving lower value cases.
The Singapore Convention marks a significant development by providing for the direct, speedy and reliable enforcement of settlement agreements resulting from mediation. This enhances the value of mediation in the international commercial dispute resolution toolbox for US companies.
A first in Singapore’s history, Singapore Courts website has been developed to provide a consolidated gateway to information on the Judiciary of Singapore. The Supreme Court, the State Courts and the Family Justice Courts have came together in their efforts to enhance access to justice. The website https://www.judiciary.gov.sg is accessible from 19 November 2021.
From 9 November 2021, a Clinical Claims Resolution Process (CCRP) will be established to resolve claim disputes of a clinical nature between private Integrated Shield Plan (IP) policyholders, IP insurers, medical practitioners and medical institutions
A case placed in the TIC List will benefit from additional case management features suited to the expeditious resolution of technically complex disputes. The TIC List would enhance the dispute resolution landscape for complex disputes, and result in time and costs savings for all parties involved.
The proposed amendments will provide, for the first time in Singapore, a framework for conditional fee agreements (“CFAs”) to be entered into between lawyers and clients in selected proceedings. As a start, these include international and domestic arbitration proceedings, certain proceedings in the Singapore International Commercial Court (“SICC”), and related court and mediation proceedings.
The SMC is trusted by disputants to appoint the mediator for their matter and to administer the mediation promptly and smoothly. With a settlement rate of 70 per cent, the SMC has not disappointed the public’s trust, and this institutional model has offered a high level of predictability to users.
The evolution of joint sessions and opening practice in mediation reveals the true value of facilitated negotiation. While the process has changed over time, the primary goal is still the same: to set the stage for a positive experience that results in a resolution.
In the mediation process, there are no winners and no losers, since it is intended to lead to an agreeable resolution of the dispute, whatever its nature, with the participants themselves retaining the power over the process.
Taking a pass is an easy out. However, does that make it a good idea? Should it be the rule, rather than the exception? Is forgoing the opening statement in the client’s best interests?
The Australian Government has reinforced its commitment to mediation as a method of international commercial dispute resolution with the signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention.
Online Mediation providers must treat all parties impartially and in line with due process, without bias or benefits for or against individuals, groups, or entities.
About two-thirds of reported cases of workplace discrimination are not substantiated, and the majority of these are misunderstandings that are subsequently clarified and not pursued further by either party.
There is even greater need for a good dispute resolution mechanism now, with the Covid-19 pandemic, rising geopolitical tensions and trade protectionism issues leading to more disputes, said Law and Home Affairs Minister K. Shanmugam.
There are two significant ways in which mediation by video conference will change construction law and both are a function of removing the need to travel.
Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions.
In this podcast, JAMS neutrals Judge Joan Feeney and Judge Phillip Shefferly share their thoughts on why mediation is a good tool to resolve bankruptcy disputes.
A bracketed proposal is a conditional offer in which a party proposes, “I will move to X, but only if you move to Y.” This allows the proposing party to show it is willing to advance the negotiation, perhaps with an uncomfortably large move, without committing to the number unless the gesture is reciprocated.
The inaugural India – Singapore Mediation Summit (ISMS2021) featured the Chief Justice of India and the Chief Justice of Singapore, among other luminaries, who took the stage to share their views on mediation as an increasingly relevant method of civil and commercial dispute resolution in these difficult times.
Why do mediators request briefs from the parties? No- it is not just to learn about the case. Their more important function is to force the parties to think and analyze their case; to give some thought about the strengths and weaknesses of their respective cases and consequently, their position on settlement.
Mediations simply will not be successful unless the mediator knows almost as much about the case as you do. Mediators cannot be convincing unless they have a deep knowledge of the strengths and weaknesses of both sides.
Mediation is the intervention in a negotiation or conflict of an acceptable third party with limited or no authoritative decision-making power but who assists the parties in voluntarily reaching a mutually acceptable settlement.
Mediation has the potential to be one of the avenues through which social justice can be achieved provided it resorts to balancing the social power in the mediation setting and does not promote a culture of impunity.
In this podcast, CEDR spoke to experienced Trust, Wills and Probate Mediator Nick Pearson about the challenges involved in mediating these cases, key practical considerations for lawyers and parties and how to achieve better and more sustainable outcomes.
One of the reasons for the halt in construction is that the parties have fallen out regarding the performance of their obligations under the shareholders’ agreement, and your company is facing a potential breach of contract claim from its joint venture partner.
How does a mediator sustain an uncertain career in a field where he/she is entrusted by the business community and civil society to deliver a seamless service, with unwavering efficiency and professionalism? The answer is Self-Care.
Mediation is a human, not mechanistic process. As practitioners who are intervening in human systems, we use our “self” to do what we do. Our self is the instrument and the greater our knowledge of ourselves in relationship to others, the more successful we will be.
As with many dispute mechanisms, “pulling the trigger” on an SOP Adjudication is also firing the starting gun for what is generally, and particularly in SOP’s case, a short race to prepare for a hearing. SOP Adjudication is, deliberately and necessarily, a fast-track process, with the emphasis on obtaining a quick decision.
The global rise of mediation as an effective mechanism for resolving complex disputes will continue to grow thanks to a new treaty that establishes a global framework for enforcement of settlement agreements resulting from mediation.
On 4 June 2021, Brazil signed the United Nations Convention on International Settlement Agreements resulting from Mediation, also known as the “Singapore Convention on Mediation” (the “Singapore Convention”).
Just like in basketball, mediations have moments of “hang time” – that point where everything is in the air, suspended. In basketball, hang time usually means a slam dunk is about to happen; for mediations, though, this can become a slam funk.
Former Supreme Court judge Goh Joon Seng, who had served on Singapore’s Council of Presidential Advisers (CPA) for more than a decade, died of cancer on Tuesday afternoon (June 15).
It is not always automatically bad if the parties at the mediation table are not diverse, because it might for example just be coincidence. It is problematic however, if diversity was hindered and people faced disproportionate or intentional obstacles to keep them away from the table.
One area of innovation is the continued development and adoption of the Singapore Convention on Mediation (“Singapore Convention”), which if ratified more widely in the coming years will provide an enforceable framework for international mediation.
In Asia Pacific, we have already witnessed changes in the judicial systems to adapt to the new “norm.” While the circumstances present many challenges, there are also considerable opportunities for those who are set to renew and reinvent. What, then, does this mean for the future of disputes?
Regarding communications in arbitrations and mediations, a neutral who interacts with litigants from different backgrounds may wish to establish common ground, emphasize similarities, and establish empathy to help the litigants feel more comfortable in the exchange.
Mediators do not render decisions but rather work to draw parties together by eliminating obstacles to communication and guiding the process away from confrontation and towards reconciliation.
Mediation can be described as a process which leads to the resolution of a dispute through the agreement of the parties with the assistance of a neutral third party, but without the involvement of a judge or arbitrator.
Community mediation centers (CMCs) are participant-focused and have been providing both face-to-face and virtual mediation sessions for decades to meet participants’ needs.
Mediators use different communication skills to help disputing parties regulate their emotions and reactions. In deescalating a conflict, a mediator helps parties calm down, rethink and respond.
Many of the insurers lacked the information they needed to obtain the necessary authority to settle the claim, and many of the policyholders viewed the insurers’ requests for information as excessive or unnecessary, thereby casting a pall over the mediation process.
A change in mindset about the way we approach dispute resolution methods will be one of the legacies of the Covid-19 pandemic, with remote mediation and other forms of alternative dispute resolution (ADR) expected to be here to stay.
Legal systems round the globe are grounded in the rule of law and in theory, justice is available readily and equally to all. In practice, however, access to justice is easier for some than for others, and for those unable to afford legal services, justice may be difficult to obtain.
An “amicable divorce” option would allow couples to mutually agree to file for a divorce without needing to state the reason why the marriage has failed.
A discussion on government guidelines regarding international co-operation and resolving disputes in the face of, and following the Covid-19 pandemic, was held on the fourth day of London International Disputes Week.
In the Alternate Dispute Resolution (ADR) profession —arbitration and mediation – technology has played an indispensable part of our work lives this past year – the open question is: what role will it play in the future?
With preparation, training and education, most of the difficulties associated with virtual mediations may be overcome and the benefits can far outweigh those challenges.
The effectiveness of a mediator depends on the willingness of both sides to reach common ground. So, a mediator’s job is not to judge but to observe and quell tensions.
Mediation is essentially a dispute resolution method; and an ancient institution throughout the history of mankind that is traditionally recognized in almost all societies.
In the UK, disputes in the construction industry are rarely resolved through conciliation, with parties preferring recourse to adjudication, mediation, litigation or arbitration. However, a recent Australian case highlights that in other jurisdictions, the idea of conciliation is more prevalent.
A podcast from JAMS featuring Hon. Rebecca Westerfield (Ret.) and Scott J. Silverman (Retired Judge, Eleventh Judicial Circuit) on their experiences in virtual alternative dispute resolution (ADR) and their views on the future of the industry
Mediation is a dispute resolution process that involves people who have feelings, goals, and marching orders. It is not simply an emotionless calculator for determining a monetary settlement.
The consistent focus by the state and federal judicial systems on alternative dispute resolution processes has made mediation an essential element of the civil trial process.
The Convention defines mediation as a process where disputing parties seek to reach an amicable settlement with a third party’s assistance that does not have authority to impose a solution.
Mediation is an out-of-court process that allows you and the other party to discuss various aspects of your divorce and generate an agreement that reflects both of your wishes.
The Government will be introducing fair tenancy laws involving the leasing of retail premises, and will be consulting with landlords and tenants in the next few months to work out details of the legislation.
ODR platforms help courts relieve some of the strain from COVID. However, even when the pandemic has gotten more controlled and the general public feels safe about venturing out, people may still want the convenience that ODRs bring.
Since the beginning of the pandemic one year ago, we have seen the legal industry adapt to a technology-driven world, especially one area in particular: virtual mediation.
Mediation has sometimes been described as a bit like marriage counselling. The mediator, like a counsellor, is there to listen to and facilitate discussions between the two parties in an attempt to identify common ground and areas of compromise.
With so many of us suddenly forced to use new technology in working from home, it is a good moment to think about what new technologies are on the horizon for lawyers even after business returns to normal.
Mediation involving a State entity requires an understanding of the realities of public service, as well as the mediator’s ability to constantly find solutions to the obstacles that continually arise during negotiations.
Mediate.com, as an additional Premium and Featured Membership benefit, is now hosting monthly online conversations with top mediators and conflict resolvers from around the world.
Traditionally, disputes concerning IP rights are mainly heard before national courts. Nevertheless, in recent years there has been a significant shift towards arbitration.
The top three behaviors that annoy the mediator: (1) being unable to reach a decision-maker, (2) hyper-aggressive advocacy and (3) lack of preparation.
This year Women’s History Month coincides with the one-year anniversary of the COVID-19 pandemic. There could not be a better time to discuss how women, and especially mothers, have been affected by the pandemic.
An inter-agency committee is conducting a “comprehensive review” of the Community Dispute Management Framework that helps to manage disputes between neighbours.
Whilst not currently widely practised in personal injury or clinical negligence litigation, mediation potentially offers an alternative course of action allowing for the possibility of a more satisfactory outcome for claimants.
Nearly all construction industry standard form contracts require mediation as part of their dispute resolution provisions. Often confused with arbitration, mediation is a negotiation facilitated by a neutral third party.
Regardless of the types of commercial disputes that may arise, there are ways in which even the most complex and protracted disputes can be resolved amicably, failing which, the latest procedural trends promise to reduce the risks and costs of arbitration.
Lawyers can fulfill their roles as mediators just as well as they fulfill their roles as litigators. These individuals, who have spent all their lives in dispute management, can, and often do, accomplish wonders in mediation.
The mediation process is inherently flexible. Traditionally, it is used as a dispute resolution tool where parties can come together, call a timeout and reach a mutually acceptable solution. But in the time of a pandemic or even otherwise, there are several uses of the mediation process.
At the beginning of a new year, it seems a good time to look back on some of the common excuses, sorry, reasons, for refusing to mediate that occasionally continue to circulate especially in litigated cases.
Mediation. Arbitration. Conciliation. Three words that sound alike and come up frequently in the family law context but have different meanings and implications
A constructive and active dialogue during a mediation helps foster an understanding between the parties and bridge the gap, narrowing the issues for reaching a negotiated resolution.
Mediation should be thought of as a conversation about the future, with the goal of reaching an amicable divorce settlement that puts both spouses on the best path forward.
Working with egos and emotions is considered an obvious task for a Mediator and this responsibility is heightened when the parties involved are high profile individuals or global brands.
“The biggest advantage of Mediation is that conversation/statements by Parties during mediation cannot be used against them in Court. This permits them to speak their mind without the fear of adverse consequences.”
Mediation has been under-utilised historically as a means of dispute resolution in this area. Mark Blyth and Geoff Egerton think this is going to change.
The mediation process is built around the main aim of preventing misunderstanding from escalating to destructive levels. The goal of Mediation is to simply resolve conflicts as favourable as possible to parties involved.
Mediation has shown itself to be a powerful tool for bringing a speedy and effective end to cross-border disputes while preserving the commercial relationship between them
Today’s pandemic world has, by and large, interrupted the normal progression of most cases regarding when they will go on trial. As a result, mediation has assumed a more important role in the process of disposing of cases by settlement.
While online text-message mediation may not be the right fit for every participant or every dispute, it is a viable option to help parties resolve their legal dispute, one text message at a time.
Whether we will see a significant increase in mediations in the new year will depend in part on the rate at which states sign up to the Singapore Convention.
Consider how mediatorsourselvescontribute to conflict by an unwillingness or incapacity to examine our own biases. Starting with ourselves is the first step to cultural competence.
The Singapore Convention, will facilitate international trade and commerce by enabling disputing parties to easily enforce and invoke settlement agreements across borders.
Managing conflict is important to create a healthy work environment not only to retain your employees but also to make them more productive and gain a competitive edge in the market.
With Singapore making a name for itself as a centre for dispute resolution, even an old hand like Britain has said it can “learn a lot from the approach Singapore has taken in recent decades” on the subject.
Just like other aspects of the Mediation process, the best mediators will be those who are able, through self-reflection, curiosity and gentle stewardship, to guide others in conflict to the right process for them.
For the Singapore Convention to succeed, parties must be willing to engage in cross-border mediation. Mediation may be just the tool to deliver the successful outcome we all know is possible.
Individuals with disabilities should have access to tools to settle all types of conflicts including discrimination issues. Mediation is a tool that is useful and practical for all members of society including this population.
Virtual mediation is becoming the norm and may stay with us long after the Covid-19 pandemic passes. Find out the tips for maximising your virtual mediation experience.
Disputes are often multilayered, and it takes a skilled mediator to peel them back and understand what is at the core. A superior mediator has the skill to read between the lines and intuitively understand what the issues are that are not spoken about.
The gap between participation and outcome is one of the reasons why people are hesitant to engage. It’s not that resolution doesn’t happen, it’s the fact that parties can’t make it happen. Reaching agreement isn’t something that either party can control.
Mediators can break up the increased focus required in videoconferencing by including more transitions, more audio-only calls, more walking around, more breaks, more enjoyable chatter, and more movement in-between calls.
Couples who are going through divorce should consider mediating issues such as custody and maintenance before going to court to file a writ of divorce.
Mediation is rising in reputation because it’s cost effective, dependable, classified, and flexible and efficiently allows parties to maintain direct control over outcome of the mediation.
There is no question that remote participation is here to stay and will become an institutionalized part of the Mediation process in a post-coronavirus world.
Mediation takes many forms and has many facets. It is a malleable process that parties and neutrals adapt to different areas of practice, cultures, and practitioner demands.
The Singapore Convention on Mediation represents the dawn of a new era in dispute resolution on a global scale. We can all persuade our Governments to sign, ratify and implement the Convention.
The disruption brought by Covid-19 will increase the number of disputes. Mediation is one solution to dealing with these disputes for businesses to transition to the new normal.
Upon closer examination, virtual/remote mediations via video conference have revealed some surprising advantages over traditional in-person mediation conferences.
In the near future, it is likely that mediations will continue to take place by video, with all participants appearing that way. We are at the beginning of a new frontier of video mediation.
Called the SGUnited Mediation Initiative, the Supreme Court will identify and refer suitable cases to the Singapore Mediation Centre (SMC), where a neutral third-party mediator helps disputing parties to achieve a mutually acceptable and amicable resolution.
The Supreme Court and the SMC have come together to launch the SGUnited Mediation Initiative to refer suitable cases in the Supreme Court for mediation at no charge to parties.
Business associations in Singapore have formed a Fair Tenancy Framework Industry Committee (FTFIC) to address the “growing imbalance” in the relationship between institutional landlords and tenants as the COVID-19 pandemic continues to severely hurt businesses.
Belarus believes that the convention will have a positive impact on the entire system of international commercial mediation, including the work of international courts and arbitration.
Mediation is a process of handling conflict in which parties come together and try to settle their issues by talking. The parties are assisted by a mediator who takes up the role of the neutral in facilitative mediation.
SMC has issued Supplementary Rules for Electronic Adjudication Lodgement (2nd Edition, 25 April 2020) which provide for the submission of accompanying documents of more than 50MB.
Mediation is essentially a process of discovery in which a skillful mediator can allow the parties’ fixed positions to coalesce into something novel where something quite unexpected can emerge, something beyond what is imaginable.
SMC has issued Supplementary Rules for Electronic Adjudication Lodgment which provide for the electronic lodgment of documents, telegraphic transfer of Fees, electronic service of documents and Adjudication Conferences.
Chief Justice Sundaresh Menon has updated on the various precautionary measures the Singapore Judiciary has put in place to ensure the continuity of court operations and services.
On 25 February 2020, Singapore and Fiji became the first two countries to deposit at the United Nations Headquarters their instruments of ratification of the Singapore Convention, more formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation.
Fiji and Singapore became the first two countries to deposit their respective instruments of ratification of the United Nations Convention on International Settlement Agreements Resulting from Mediation.
The Singapore Convention on Mediation Bill plays a key role in Singapore’s future in the international sphere. The Bill is the first United Nations treaty named after Singapore and aligns with Singapore’s role as an international dispute resolution hub, said MP Christopher de Souza in Parliament on Tuesday.
The progress that Singapore has made on mediation domestically is now magnified on the international stage with the Singapore Convention on Mediation Bill, said MP Louis Ng in Parliament on Tuesday.
Singapore aims to provide businesses with a full suite of user-centric options to resolve cross-border disputes, whether through litigation, arbitration or mediation under the Singapore Convention on Mediation Bill, said Senior Minister of State for Law Edwin Tong in Parliament on Monday.
The Singapore Convention on Mediation Bill is a landmark Bill as it represents a significant major step for the cross-border resolution of commercial disputes, said MP Fatimah Lateef in Parliament on Monday.
A new Bill that will boost Singapore’s position as a leading global dispute resolution hub was introduced on Monday (Jan 6), allowing parties in cross-border commercial disputes to seek various options to enforce or invoke their mediated settlement agreements.
Mr Edwin Tong SC addressed the issues and share his perspectives on the past, present and future of mediation for Singapore. He shared on Singapore’s role in growing mediation locally and globally, reviewed Singapore’s present achievements in the international dispute resolution space, and provided suggestions on how the government, bench, bar, businesses and academia can work together to harness the benefits of the Convention and mediation.
The speech was delivered by The Honourable the Chief Justice Sundaresh Menon at the Supreme People’s Court of Vietnam workshop on Mediation on 17 September 2019.
Singapore Mediation Centre’s newly appointed Executive Director, Mr Ban Jiun Ean delivered his welcome address at the annual Appreciation Lunch which was held at The Ritz Carlton Hotel on 4 September 2019.
From 1 Jan of this year, the Family Justice Courts has directed divorcing couples with $2 million or more to attend private mediation under the Singapore Mediation Centre.
The scale and complexity of many infrastructure projects means disputes can often arise – but disagreements need not balloon into major conflicts that result in expensive and time-consuming arbitration or litigation.
The Ministry of Law today launched a new Singapore Infrastructure Dispute-Management Protocol to help parties involved in mega infrastructure projects manage disputes and minimise time and cost overruns.
The Address by The Honourable Justice Lee Seiu Kin at Unfolding Conversations 2018 on 2 October 2018 – “Error 409: What is the Solution behind the Problem?”.
Please turn to page 21 for the first page of the article. Nicholas Fell looks at mediation and why it makes good business sense in an industry that traditionally uses arbitration to resolve disputes.
Last year, the total quantum of disputed sums that came under mediation at the Singapore Mediation Centre (SMC) was a record high of over $2.7 billion.
A tripartite standard which aims to encourage fair and progressive workplaces that better support media freelancers was officially launched on Wednesday (Nov 29).
The new Employment Claims Tribunal is designed to provide a speedy, low-cost forum for parties to resolve their employment disputes, according to the State Courts.
Minister Chee Hong Tat spoke on the developments in the infocomm industry and how IMDA is looking to provide more and better services to support the industry.
Speaking at a Work Plan Seminar, Judicial Commissioner Valerie Thean, Presiding Judge of the Family Justice Courts emphasised the Courts’ role in meeting the needs of, and ensuring ready access to justice for families in Singapore.
Commercial
mediation work in Singapore has been given more legislative muscle, as
Parliament yesterday passed the Mediation Bill, one of two bills tabled to
strengthen the Republic’s position as an international centre for dispute
resolution.
Ms Dorcas Quek is a Principal Mediator with the Singapore Mediation Centre. In today’s Straits Times, she provides a balanced view of when mediation and other alternative dispute resolution schemes may be the ‘appropriate’ dispute resolution method for telcos and consumers in Singapore.
In this final article on the seven elements of effective mediation, we hear again from Susan de Silva of Bird & Bird ATMD LLP, an employment law specialist and mediator trained at the Singapore Mediation Centre.
Keen to pick up more mediation skills to defuse conflicts in the workplace? Click here to find out how! Part 2 of a 3-part series written by SMC trained mediator Susan de Silva.
How can we manage workplace relationships more effectively? Click here to find out how! Part 1 of a 3-part series written by Singapore Mediation Centre trained mediator Susan de Silva.
Michael Leathes, former Director of the International Mediation Institute, shares how the data collected from the Global Pound Conference can help identify the needs of mediation users and advisors.
Deborah Masucci, the current Chair and Board Member of the International Mediation Institute (IMI) poignantly summarises the Chief Justice of Singapore’s Keynote Address at the first Global Pound Conference 2016-2017.
Businesses and entrepreneurs will soon enjoy greater access to intellectual property (IP) mediation services in Singapore through the IP Mediation Promotion Scheme.
The Address by The Honourable The Chief Justice Sundaresh Menon delivered at the Global Pound Conference Series 2016 on 17 March 2016 – Singapore “Shaping the future of dispute resolution and improving access to justice” can be found here.
Ms Michelle Woodworth touches on Collaborative Family Practice (CFP), a dispute resolution method with a softer and more caring touch for families going through divorce.
Jordan is learning from the Singapore Ministry of Law and SMC in adopting mediation-friendly practices to increase the access to justice and boost the courts’ ability of processing cases.
Changes are in store for medical lawsuits, with mediation to play a bigger role, and judges to pro-actively direct proceedings with help from medical experts.
Singapore Mediation Centre is proud to have been a part of the Implementation Committee through its nominee – Mr George Lim (Senior Counsel), a member of the SMC Board of Directors – for the establishment of the Fiji Mediation Centre. The Centre was launched by Chief Justice Anthony Gates of Fiji on 14 October 2015.
SAVING relationships while helping people resolve problems that are not on paper – in a world where hard facts in litigation still rule the day – is not a soft option. While some critics may cast doubt on the value of mediation, there is always more than meets the eye when parties have disputes, says Queen’s Counsel Michel Kallipetis, a full-time mediator with a 10-year-old practice in the UK.
Are workplace conflicts taking up your time and energy? How can you equip yourself to manage unpredictable human relationships? Loong Seng Onn, Executive Director at Singapore Mediation Centre, shares techniques employed by expert mediators to manage disputes.
Much more is to be gained by making pre-court settlements the norm as divorce rates in Singapore rise, in line with trends in other developed countries, writes the editor.
Various options for estranged couples to settle the terms of their divorce amicably have not proven popular, figures show. Low awareness of dispute-resolution methods may be a reason.
Singapore Mediation Centre is proud to announce that our training and assessment programmes are the first to be recognised under the Singapore International Mediation Institute’s (SIMI) Registered Training Program (RTP) and SIMI Qualifying Assessment Programs (QAP) respectively.
Ferrari crash:
Victim’s parents settle with driver’s insurer – latest dispute to be settled
amicably under the auspices of the Singapore Mediation Centre.
More people here are turning to mediation in place of lawsuits to solve disputes because it saves them time and hefty legal costs and gives them a say in the outcome.
The Fair Tenancy Framework launched on Tuesday, which aims to help small and medium-sized enterprises (SMEs) negotiate fairer tenancy agreements, is a work in progress, says the working group behind it.
The Singapore Mediation Centre has played a crucial role in facilitating quality training for the Ministry’s existing mediators and had been instrumental in uplifting the mediator’s professional profile and qualification to international recognition as Accredited Mediators in 2008 and thereafter as Associate Mediators in 2010
Taxi drivers can now turn to a more structured system to help settle disputes with their taxi companies quickly and amicably, with the Taxi Industry Mediation system.
Surprise jumps in rental costs upon renewal of leases could soon be a thing of the past for small and medium enterprises (SMEs), following a new voluntary framework proposed by the Singapore Business Federation (SBF) yesterday.
“The Mediation Imperative: Why Successful Companies Cannot Afford to Ignore Mediation”, delivered by Mr Brad A Berenson, on behalf of Mr Brackett B Denniston III, General Electric Company.
The planned Singapore International Commercial Court (SICC) may still be in the works, but some already see it challenging London’s pre-eminence in settling commercial court disputes.
The Singapore Mediation Centre announced that it will focus on resolving business disputes as part of its new brand identity, at the annual SMC appreciation lunch.
The Singapore Mediation Centre has, as a standard procedure, sent a letter to PM Lee and blogger Roy Ngerng inviting them to resolve the matter amicably.
Seven-month-old adopted puppy Tammy was put down in October last year due to its allegedly aggressive behavior. A 12-hour mediation brought closure to the issue regarding whether the puppy should have been put to sleep.
Within eight years, mediation figures have jumped fourfold to over 200 matters being mediated at the Singapore Mediation Centre. Mediation usually costs less than $10,000 unlike litigation which can cost each party around $100,000 or more in legal fees and hiring expert witnesses.
There are more than 400 trained mediators registered with the Singapore Mediation Centre. These mediators have a listening ear and empathy for the people they help, as well as their gift of persuasion and ability to get to the root of the problem.
The Mediation Unit of the Ministry of Labour has been commended for achieving outstanding results in the quick resolution of disputes between employers and employees. Fiji’s future mediators are being trained and guided by two highly qualified and experienced mediators and trainers from the Singapore Mediation Centre.
