Mastering Mediation Advocacy: Insights from SIMC’s Workshop with Rajah & Tann Singapore

October 2024

As mediation becomes an increasingly prominent tool for resolving commercial disputes in Asia and beyond, the role of lawyers as effective mediation advocates has taken centre stage. Recognizing this shift, the SIMC partnered with Rajah & Tann Singapore (R&T) for a workshop on Mediation Advocacy. Held at the R&T offices, the program brought together a diverse group of lawyers from teams specializing in international arbitration, construction, and disputes—ranging from junior associates to senior partners.

The workshop, designed to address the practical and strategic demands of mediation, focused on two essential areas: preparing for mediation and drafting an effective mediation statement, as well as managing impasses and crafting settlement agreements. These skills are crucial for lawyers tasked with representing clients in mediation—a process that demands not only legal acumen but also creativity, flexibility, and a deep understanding of negotiation dynamics.

 

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Professor Dorcas Anderson leading the session on Mediation Advocacy Skills.

 

Why Mediation Advocacy Matters

 

For lawyers, the shift from adversarial litigation or arbitration to the collaborative nature of mediation can be significant. Mediation advocates play a critical role in helping clients achieve mutually beneficial outcomes while preserving relationships—especially important in corporate disputes. With mediation being increasingly adopted for resolving high-stakes cross-border and commercial cases, the ability to navigate the nuances of the process has become an indispensable skill for legal practitioners.

In Asia, where mediation is gaining traction as a preferred mode of dispute resolution, lawyers need to adapt to this evolving landscape. Clients are no longer just seeking courtroom victories; they’re looking for practical, cost-effective solutions that safeguard business relationships. Mediation advocacy bridges the gap, enabling lawyers to advocate effectively while fostering collaboration and understanding.

 

Learning from the Best

 

The workshop featured an exceptional lineup of speakers. Professor Dorcas Anderson, an international mediator with SIMC and Associate Professor of Law at the Singapore Management University, led the training sessions. Drawing on her extensive experience, Prof. Anderson guided participants through the art of crafting compelling mediation statements, handling difficult negotiations, and overcoming impasses. Her engaging approach combined theory with practice, providing participants with actionable strategies tailored to real-world scenarios.

Adding further depth to the program was a special session by Justice Chao Hick Tin, a towering figure in Singapore’s legal landscape. With a career spanning over 55 years, Justice Chao shared his insights on the evolving role of mediation in the region. His reflections on how mediation can resolve disputes while maintaining corporate relationships resonated deeply with the audience, offering a unique perspective on the balance between advocacy and collaboration.

In addition, Chuan Wee Meng, CEO of SIMC, shared his perspective on the growing importance of mediation advocacy in today’s legal and business environments. Drawing from his extensive experience in managing cross-border disputes, he emphasized how mediation has evolved into a vital tool for resolving complex commercial cases. Wee Meng highlighted the increasing expectation for lawyers to possess both advocacy skills and a deep understanding of mediation principles to meet the demands of corporate clients in a rapidly changing world.

 

 

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From left to right: Professor Dorcas Anderson, Justice Chao Hick Tin and Chuan Wee Meng.

 

 

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Lawyers from diverse specializations—ranging from junior associates to senior partners.

 

A Rising Tide of Mediation

 

The increasing complexity of corporate disputes, coupled with the rise of cross-border transactions, has made mediation an attractive alternative to litigation and arbitration. The Asia-Pacific region has seen significant growth in mediation usage, with companies recognizing its ability to deliver faster, more amicable outcomes. This trend underscores the need for lawyers to refine their mediation advocacy skills, enabling them to represent clients effectively in this new era of dispute resolution.

At the workshop, the mix of junior lawyers and senior partners highlighted the broad relevance of mediation advocacy across all levels of legal practice. Senior partners brought their wealth of experience, while junior lawyers infused fresh perspectives—creating a dynamic learning environment that mirrored the collaborative spirit of mediation itself.

 

Moving Forward

This workshop exemplifies SIMC’s commitment to equipping legal professionals with the tools they need to succeed in an evolving dispute resolution landscape. For R&T lawyers, the program offered more than just technical skills—it provided a renewed appreciation for the power of mediation to transform how disputes are resolved.

As mediation continues to gain momentum, SIMC remains a steadfast partner for law firms, businesses, and professionals looking to navigate this transformative shift. With a focus on practical, hands-on training, SIMC is helping to build a new generation of lawyers who are not only skilled advocates but also effective problem-solvers.

For legal professionals, the takeaway is clear: in a world where mediation is on the rise, the ability to advocate effectively in this space is no longer optional—it’s essential.