SIMC e-News (November 2017 Issue)
Dear Reader, Welcome to the inaugural issue of our quarterly SIMC e-News.
 
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Issue 1, October – December 2017
 
 
Dear Reader,

Welcome to the inaugural issue of our quarterly SIMC e-News.

Technology is changing our lives in more ways than one, and its impact on the legal industry is certainly not an area we can ignore. How has the advent of technology affected the ADR landscape, in particular, mediation?

In this issue, we will discuss some of some of the ways in which mediation has gone online in this region, and the growing trend towards ODR and the potential challenges that may be faced.

A big thank-you to all contributors to this inaugural issue, without which this may not have been made possible. If you have queries regarding any of the topics raised in this issue, or have any recent publications on mediation or ADR in general which you would like to submit for consideration in our next SIMC-eNews, please send them to us at secretariat@simc.com.sg.

We hope you find the SIMC e-News a useful overview of some of the recent developments in mediation. We will continue to bring you more updates on the latest events and developments in the region.
 
Yours,
The SIMC Editorial Team
 
 
We would like to specially feature some works by our members and partners.
 
 
How do apologies and apology laws affect mediations?
Margaret Halsmith, Mediator
Some propose that mediation is the ideal forum for apologies to play a role in the resolution of civil disputes. What are the benefits and concerns? How does the law interact with apologies in mediation? Read More

How to work around cognitive biases faced in mediation?
Laila Ollapally, Mediator and Users Council Member
Blindness is not necessarily physical, it could also be cognitive. As mediators, we often encounter parties viewing the same facts differently and building disputes around those differing perspectives. Such cognitive biases may hinder successful resolution. Read More​

How “Early Resolution” can resolve the Mediation Connundrum
Jonathan Lux, Users Council Member
Many mediations take place late in the day, squandering two of the key advantages of mediation – speed and cost. How is it that the Early Resolution can enable mediation to happen earlier and yet retain its high success rate? Read More​

Is Mediation a right fit for Shipping and Maritime Disputes?
Muthu Jagannath, Maritime Expert
While Mediation has a significant role to play in resolving shipping and maritime disputes, it would be too simplistic to consider this in every dispute. To be successful, mediation may have to be coupled with other dispute resolution methods. Read More
 
 
 
There is always a lot of discussion about technology’s interaction with the law. How will technology affect the ADR space, in particular, mediation? 
 
Mediation & Technology
 
How a student initiative ‘ODRways’ is promoting mediation in India
Live.Law
ODRways is a new venture that is working towards promoting mediation in India through integration with technology. Recently, the Indian government has identified ODRways as one of the agencies which can help in cutting governmental litigation. Read More

How e-commerce calls for online mediation services
Xin Hua
At the International Summit on Mediation, sponsored by CCPIT, more than 400 legal experts and online firms from over 10 countries and regions agreed that the boom in e-commerce globally requires better online mediation and settlement services. Read More​

What is the AI impact in the mediation setting?
Andrea Maia
In Brazil, Online Platforms and AI are rapidly growing. IMI´s Independent Standards Commission (ISC) recently set up a special Task Force to explore E-Mediation for professionals worldwide. Read More

Where does ODR lead us to?
Jie Zheng
What is the current state of the ODR world? What are the upcoming trends? How are traditional dispute resolution organisations adapting ODR? Read More​
 
 
 
For the most recent and relevent mediation news.
 
Asia-Pacific
 
China-Singapore mediation initiative – what’s in it for businesses?
Benjamin Chiang
In September, SIMC and the Mediation Centre of CCPIT signed a Memorandum of Understanding to work together to help businesses resolve disputes that may arise under the Belt and Road Initiative. For business people all this translates into commercial certainty and confidence. Read more
 
How mediators ease court’s burden as divorce rises in China
China.org.cn
In August, the Xincheng court cooperated with the district’s justice bureau and women’s federation, selecting the 111 mediators for 111 communities. Read more
 
BBC settles via mediation with the Delhi High Court Mediation And Conciliation Centre
S.S. Rana & Co. Advocates
During the pendency of the suit, before the issues could be settled in the case, the parties entered into a settlement before the Delhi High Court Mediation and Conciliation Centre. Read more
 
International
 
CJEU holds that mandatory mediation is not inherently precluded by EU law
Jan O’Neill, Herbert Smith Freehills ADR notes
The Court of Justice of the European Union (CJEU) has concluded that national legislation imposing mandatory mediation as a pre-condition to litigation is not precluded by the EU ADR legislative framework. Read more
 
 
For thought-provoking pieces on Mediation and the ADR scene.
 
Asia-Pacific
 
Towards a Harmonised Approach to Mediation Legislation in Asia?
Nadja Alexander, SIMC Mediator
Given the international legislative framework for recognition and enforcement foreign judgments and the potential for Singaporean court orders to be recognised in other jurisdictions, it is easy to see how the Singaporean court system may offer cross-border mediation a real boost. Read more
 
International
 
How the reinsurance marketplace may embrace adaptive ADR
Stephen Netherway
New innovations in dispute resolution are helping (re)insurers settle disputes quickly and efficiently. How is Adaptive ADR (Med/Arb) opening up new opportunities for (re)insurers? Read more
 
Who’s Who Legal Mediation 2017: Trends & Conclusions
Stuart McMillan
The future of mediation: It is clear from respondents around the world that mediators now enjoy a strong global network that is dedicated to increasing the presence of mediation and improving understanding of the practice. What are the trends and conclusions? Read more
 
 
 
How do you manage expectations?
Program on Harvard Negotiation Blog
Successful negotiators work hard to ensure that when they and their counterpart leave a negotiation, both sides feel satisfied with the agreement. Similarly, mediators should recognise the importance of all parties leaving pleased with the outcome and can bring these negotiations tips to the mediation room. Read more
 
 
 
What are the merits of International Commercial Mediation? 
Baker McKenzie Tokyo Client Alert 8
What is international commercial mediation? What is the procedure of international commercial mediation? What are the major international commercial mediation institutions in Asia? Read more
 
 
 
Singapore
 
02 Oct · Maxwell Chambers
SIMC Singapore International Mediator Series: Dr Robert Gaitskell
 
13-14 Oct · Hotel Jen Tanglin 
24th World Forum of Mediation Centres 
 
21 Nov* · Maxwell Chambers
SIMC Singapore International Mediator Series: Andew Goodman
 
*subject to change
Asia-Pacific
 
08-12 Oct · Sydney, Australia
IBA Annual Conference
 
25-27 Oct · Bangkok, Thailand
Asian Mediation Association AGM
 
04-05 Nov · Kobe, Japan
Kobe University Dispute Resolution in Asia Workshop
 
08-09 Nov · Seoul, South Korea
The 6th Asia Pacific ADR Conference
 
11-12 Dec · Seoul, South Korea
KCAB Mediation Seminar (Asia Pacific Mediation Forum) 
 
 
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The past couple of months have been full of activities for SIMC both in Singapore and overseas! We would like to give special thanks to our partners in India, China and Japan for inviting SIMC to present at various events.
 
 
 
Jun Singapore
Our centre director, Ms Hazel Tang, speaking at the YSIAC conference on the topic “Mediation and Arbitration: Friends or Foes”.
 
Aug Singapore
We extend a warm welcome to Mr Davinder Singh, Mr Kap-You (Kevin) Kim and Mr Jeff Bullwinkel to SIMC’s Board of Directors.
 
 
 
Aug India, Delhi
SIMC’s Board Director, Mr Viswa Sadasivan, presenting at a mediation lecture jointly organised with Samadhan. Read more
 
Sep China, Hangzhou
SIMC and CCPIT/CCOIC Mediation Centre sign a Memorandum of Understanding at the 2017 International Mediation Summit. Read more
 
 
 
Sep Japan, Tokyo
SIMC’s Deputy CEO, Mr Aloysius Goh, speaking at the 30th LAWASIA Conference in Tokyo. Read more
 
 
Sep Hong Kong
SIMC’s Centre Director, Ms Hazel Tang, presenting at the AsiaLaw Asia-Pacific Dispute Resolution Summit.
 
 
 
 
More
 
 
“Conflict lies at the core of innovation.”

— Emanuel R. Piore
 
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SIMC e-News is a publication of the Singapore International Mediation Centre. SIMC thanks its partners and members for kind permission to reproduce the featured articles. SIMC does not hold itself responsible for the views expressed in SIMC e-News which must necessarily lie with the contributors.
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