Articles

The Rise of Mega Mediations #2

Posted by simc on 13 August, 2018

By Geoff Sharp So many moving parts – the people, the paper, the posturing –  like a long haul plane sitting on the tarmac, how do these huge mediations ever get off the ground? Well, they are surprisingly graceful once airborne and if done right, mega mediations become manageable as

The Rise of Co Mediation in Mega Mediations

Posted by simc on 8 August, 2018

By Geoff Sharp With the rise of the mega case – often funded class actions – a unique challenge for mediation is emerging. It is just as Danny McFadden says in his recent post on China’s modern-day silk road initiative Big Projects, Big Disputes – Bring in the Mediators; “mediation

The Singapore Convention: A milestone in mediation

Posted by simc on 25 July, 2018

Mediated settlements could soon be enforced internationally, following the adoption of UNCITRAL’s Convention on the Enforcement of Mediation Settlements and corresponding Model Law. We highlight some of the conversations that have been stirring in the last one month. The 2019 Singapore Convention could be for mediation what the 1958 New

How Not To Do Arb-Med-Arb

Posted by simc on 23 July, 2018

By Alan Limbury 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 make it work properly. The case

George Lim Discusses the New Singapore Mediation Convention

Posted by simc on 17 July, 2018

The final drafts for a Convention on the Enforcement of Mediation Settlements and corresponding Model Law were approved at the 51st session of United Nations Commission on International Trade Law (UNCITRAL) on June 26, 2018, and is to be adopted later this year. The Convention aims to secure the enforceability

How about the use of dual mediators in Asian mediations

Posted by simc on 9 July, 2018

Thomas J. Klitgaard argues for the introduction of more than one mediator in a complex mediation, one who is familiar with the intricacies of the culture and law of the land. With the increasing rise of nationalism in Asia, law firms and businesses should consider the use of dual mediators

The Indian Mediation Journey Thus Far and The Way Forward

Posted by simc on 10 November, 2017

By Laila Ollapally, Users Council Member

Don’t be scared, this is the future: Avoiding the pitfalls of Arb-Med-Arb.

Posted by simc on 3 November, 2017

by Alan Limbury, SIMC Mediator

Singapore: The Hub of International Commercial Dispute Resolution

Posted by simc on 2 November, 2017

By F. Peter Phillips The Union Internationale des Avocats held its 24th World Forum of Mediation Centres in Singapore on October 13-14.  In addition to the usual high level of discourse and the unparalleled opportunity to meet new friends and keep the old, this particular Forum offered the additional opportunity to reassess the extraordinary

The Mediation Conundrum

Posted by simc on 27 September, 2017

By Jonathan Lux, Users Council Member How businesses can resolve disputes early to avoid escalating costs “Early Resolution” provides answers to what were thought to be insoluble problems in two main arenas: How can you mediate sensibly before each party knows what the other will say and has seen the evidence to