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Archive for the ‘ADR’ Category

I’m pleased to add here the recent information from the IMI on the survey, which I last noted in my December entry, last year. This is the memo from IMI:

We are pleased to share with you the results of the IMI 2016 International Mediation & ADR Survey, which are now published on the IMI Portal:

https://imimediation.org/imi-2016-biennial-census-survey-results

In total, 815 participants completed this census survey, from mediation users, mediators, advisors, educators, students, providers and other stakeholders. The survey was designed to gather census data as well as views about Mediation & ADR Awareness. As statistical data in this area is still largely in its infancy, the results were particularly insightful and eye opening.

We very much appreciate the time and participation of all survey respondents. Their insight into conciliatory methods is of particular value to the Alternative Dispute Resolution community at a time when conflicts between businesses, governments and individuals are rapidly escalating on numerous fronts.

Certainly as IMI approaches its 10th anniversary, this information (and the many additional written comments submitted with this overview) will help us to prioritise efforts to raise the profile of mediation and ADR around the world. We hope the survey also inspires you to generate ideas in your own communities on how to continue to grow mediation and ADR as a viable alternative to drawn out legal proceedings.

Kind regards,

Ute A. Joas Quinn and the Survey Team
International Mediation Institute
www.IMImediation.org

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The International Mediation Institute is conducting its biennial survey on mediation use and awareness. Your responses will assist in gathering a snapshot of mediation use:

Academia, business and governments universally declare mediation the most cost-effective and quickest manner to resolve conflicts. But do the majority of civil and commercial players even know the practical aspects of this game changer enough to use it with confidence? Have we done our best to let them know?

IT WILL ONLY TAKE 7 MINUTES OF YOUR TIME!
(see link at the bottom of the page)

The International Mediation Institute (IMI) invites YOU and YOUR COLLEAGUES to participate in a brief biennial survey to gather information about Mediation & ADR Awareness, IMI Performance, and YOU. IMI launches initiatives to promote worldwide growth of practical and sustainable conflict resolution systems. By completing the survey we can:

  • Find out what matters most to you about resolving conflicts,
  • Tell others what you are up against when it comes to conflict management,
  • Grow mediation by building awareness and support, and
  • Enhance the IMI organization to make it fit for YOUR needs.

Please forward the survey to people whose opinion you value!

If you participate in the survey by December 31, 2015 and leave your contact details at the end of the Survey, you will be included in a drawing for a free entrance into one of the unique IMI Global Pound Conference Seriesevents of your choosing in any of 36 cities in 26 countries (see http://globalpoundconference.org/) as our way of thanking you for making the time to give us your input.

Survey results will be sent to all who include their contact details in advance of being posted on the IMI Webportal.

We appreciate your time and participation.

About the International Mediation Institute (“IMI”)

IMI is a non-profit public interest initiative to grow mediation by driving transparency

and high competency standards into mediation practice across all fields, worldwide.
The basics of IMI in a Nutshell can be found here: 

TO PARTICIPATE IN THE IMI SURVEY

CLICK HERE

 
 

imi-logo.png

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I’m pleased to announce this year’s Harry Elias-Singapore Mediation Centre-Singapore Management University annual lecture in mediation.

The speaker will be Dr. Hans Peter Frick; and his topic will be “Embracing a Mediation Culture: How your Company Benefits”.

Further information on the lecture and registration can be found here: http://law.smu.edu.sg/SML2015

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From the Ministry of Law’s website: http://www.mlaw.gov.sg/news/press-releases/icmwg-recommendations.html –

1.            The Ministry of Law (MinLaw) welcomes recommendations made by the International Commercial Mediation Working Group (ICMWG) to develop Singapore into a centre for international commercial mediation.  This will add to Singapore’s vibrant dispute resolution sector that has been growing on the back of a significant rise in commercial transactions in Asia and the corresponding increase in the number and complexity of cross-border disputes.

Recommendations by the International Commercial Mediation Working Group

2.            The ICMWG submitted its recommendations on 29 November 2013.  The recommendations include:

a)    Quality Standards – Establish a professional body to set standards and provide accreditation for  mediators;

b)    International Mediation Services – Establish an international mediation service provider which will offer as part of its service offerings, a quality panel of international mediators and experts, as well as user-centric innovative products and services;

c)    Legislative Framework – Enact a Mediation Act to strengthen the framework for mediation in Singapore;

d)    Exemptions and Incentives – Extend existing tax exemptions and incentives applicable for arbitration, to mediation; and

e)    Judicial Support – Enhance rules and Court processes to encourage greater use of mediation.

3.            Co-Chair of the ICMWG, Mr Edwin Glasgow QC said, “With its excellent legal system, infrastructure, connectivity and geographical location, Singapore is ideally placed to be the centre of excellence for international commercial mediation.  The feedback we have already received from international players and corporate users has been extremely positive. I hope and believe that the Working Group’s recommendations will help Singapore to acquire in respect of international commercial mediation, the reputation which it already unquestionably enjoys in the equally important field of arbitration.”

4.            Co-Chair Mr George Lim SC said, “By building up Singapore’s mediation capabilities and expertise, particularly to deal with international commercial disputes, commercial users will be able to choose from a full spectrum of dispute resolution services, ranging from facilitative mediation to binding arbitration.  This will enable users to tap on the dispute resolution process that best addresses their specific needs.  I believe that mediation, where successful, can help commercial parties save considerable time, costs and achieve flexible, mutually acceptable solutions to otherwise seemingly intractable disputes.”

5.            The Chief Justice and Minister for Law have expressed their appreciation to the Working Group for the work and effort put into this review.  MinLaw will follow up with the relevant stakeholders to see how the various recommendations can be implemented.  A summary of the ICMWG’s recommendations is at Annex A.

Background

6.            In April 2013, Chief Justice Sundaresh Menon and the Ministry of Law appointed Mr Edwin Glasgow CBE QC and Mr George Lim SC to co-chair a nine-member working group to propose plans to develop the international commercial mediation space in Singapore.  The group comprised international and local members to provide a wide range of expertise and views.

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The open University of Catalonia (www.uoc.edu) is launching a course on “expertise in online mediation”. Over the past couple of years, an international group of the top people in this field have been pooling ideas, and generating plans for online graduate programmes in aspects of ODR, and this course is the first result. This is worth checking out – especially when you note the Faculty who will be teaching on both the English and Spanish language programmes. You’ll be in the company of the people who are shaping the field.

For information, see http://studies.uoc.edu/en/postgraduate-courses/law-political-science/odr-mediation-expertise-eng/presentation. The Faculty names do not appear to be listed under the “Faculty” tab, but they include:

Ethan Katsh, Colin Rule, Pablo Cortès, Jeff Aresty, Daniel Rainey, David Larson, Graham Ross, Alberto Elisavetsky, Esther Vilalta, Rosa Perez Martell.

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International Arbitration : Private Parties and Public International Law

click here

Dear Friends and Colleagues,

 

It is with great pleasure that we invite you to the annual Herbert Smith Freehills – SMU Asian Arbitration Lecture.

Our distinguished speaker, The Rt Hon. the Lord Collins of Mapesbury, will be speaking on “International Arbitration : Private Parties and Public International Law”.

 

About the Speaker 

Lord Collins of Mapesbury (Lawrence Collins) was until 2011 a Justice of the Supreme Court of the United Kingdom. Before that he was a Lord of Appeal in Ordinary (2009), a member of the Court of Appeal (2007-2009) and a judge of the Chancery Division (2000-2007) and of the Commercial Court (2006-2007). He now practises as an international arbitrator at Essex Court Chambers, London, and sits as a non-permanent member of the Hong Kong Court of Final Appeal.

He qualified as a solicitor and was a partner in Herbert Smith & Co (later Herbert Smith, and now Herbert Smith Freehills) from 1971 to 2000. He was appointed a deputy High Court judge and a Queen’s Counsel (one of the first two solicitors to be so appointed) in 1997.

Lord Collins is the author of books and articles on private and public international law, and he has been since 1987 the general editor of Dicey and Morris (now Dicey, Morris & Collins) on the Conflict of Laws, currently in its 15th edition, 2012. He is also a Professor at University College London; emeritus and honorary Fellow of Wolfson College, Cambridge; and has recently been a visiting professor at New York University Law School and Columbia Law School.

He is a Fellow of the British Academy and a member of the Institut de Droit International.

 

Synopsis of Lecture

The lecture will deal with the increasing importance of public international law in disputes involving private parties. This is not a new phenomenon, and the lecture will trace the history of the impact of state immunity in international commercial arbitration and the choice of public international law in choice of law and in arbitration agreements. Today there is controversy over the role of principles of diplomatic protection and state responsibility in arbitrations involving private parties and states, including the scope of fair and equitable treatment, expropriation; and there are unresolved questions on the relationship between international arbitration and foreign relations law. This lecture will endeavour to highlight the problems and suggest some solutions.

 

Registration

Admission is free.  Please click here to register by 12 September 2013.  Attendance is by registration only.

Further details can be found at the Herbert Smith Freehills – SMU Asian Arbitration Lecture website.

 

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6th Asia Pacific Mediation Forum SummitMediation in a Globalising World: Challenges to Multiculturalism, Peacebuilding and Religious Tolerance, De La Salle University, Taft Manila, Philippines, 9–11 December 2013. For the Call for papers and registration see the new APMF website: http://www.asiapacificmediationforum.org

 

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