Singapore International Mediation Centre Mediation and - - PowerPoint PPT Presentation

Singapore International Mediation Centre シンガポール国際調停センター

Mediation and Arb-Med-Arb: An Effective Dispute Resolution Strategy

Over erview ew

Dispute Resolution Options Mediation – How it Works? Effective Dispute Resolution Strategy

Over erview ew

Dispute Resolution Options Mediation – How it Works? Effective Dispute Resolution Strategy

Media diatio ion Liti tigati tion

• n

Ar Arbitr trati tion

• n

Dispute Resolution Options

DR Options

Mediation: How it Works Effective DR Strategy

2013 2013 – Living ng w with h AD ADR: Ev Evolving ng Per ercep ceptions ns a and nd Use e of Med ediation, n, Ar Arbitration n and Conflict M Manage geme ment in Fortune 1000 Corporations ( s (Ha Harvard Ne Nego gotiation L Law Rev eview ew)

Fortune une 1000 1000 Comp mpanies’ ’ Policy towards Dispute Res esolut ution

Global Mediation Trends

5

Corporate Policy 1997 2011 Defending Initiating Always litigate 5.0% 6.1% 0.6% Litigate first, then move to ADR where appropriate 24.7% 21.4% 18.8% Litigate only when appropriate, use ADR for all

• thers

25.2% 27.0% 38.2% Try ADR always 11.7% 11.3% 11.1% No company policy 20.8% 22.1% 25.2% Others 11.7% 12.1% 6.1%

DR Options

Mediation: How it Works Effective DR Strategy

Fortune 1000 Companies

87% 80% 40% 20% 20% 0% 0% 10% 30% 98% 83% 51% 31% 15% 36% 66% 14% 39%

0% 20% 40% 60% 80% 100% 120% 1997 2011

2013 – Living with ADR: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1000 Corporations

Fortune 1000 Use of Forms of ADR in Prior 3 Years フォーチュン1000 1000社が過去3年間に利用したADR ADRの種類

2

Growth of Mediation

ICC, Paris LCIA, London ICDR, USA KLRCA, Malaysia PDRCI, Philippines KCAB, South Korea SI SIAC-SIM IMC, , Sin ingapore Resolve Institute, Australia DFIC, Dubai JCAA, Tokyo

Leading arbitration centres offering mediation services

SIMC

Officially launched on 5 November 2014, Singa gapore Inter erna nationa nal Media iatio ion Centre (SIM IMC) is an international and professional institution that aims to provide world-class mediation services.

DR Options

Mediation: How it Works Effective DR Strategy

Over erview ew

Dispute Resolution Options Mediation – How it Works? Effective Dispute Resolution Strategy

WHAT IS

DR Options Mediation: How it Works Effective DR Strategy

調停とは

What is Mediation?

Faci cilita tated ted neg negoti

• tiati

tions

• ns wi

with the hel th the help p

• f
• f a

a neutra neutral thi third pa rd party rty.

DR Options Mediation: How it Works Effective DR Strategy

Stages in a mediation

Introduction Mediator’s Opening Party A’s Opening & Mediator Summary Agenda Setting Exploring Issues Private Sessions Party B’s Opening & Mediator Summary Joint Negotiation Agreement

Problem- Defining Problem- Solving

Mediation: How it Works DR Options Effective DR Strategy

Advantages of Mediation

 Time and cost

savings （時間・費用の節約）

 Confidentiality

（秘密保持性）

 Certainty and

finality （確実性・終局性）

Effective DR Strategy Mediation: How it Works DR Options

Advantages of Mediation

Effective DR Strategy Mediation: How it Works DR Options

SIAC-SIMC Arb-Med-Arb Service

（SIAC・SIMC仲裁-調停-仲裁サービス）

Arbitration 仲裁

• Claimant submits Notice of Arbitration
• Arbitral Tribunal is formed
• Respondent submits Response to Notice of Arbitration

Mediation 調停

• Arbitration is stayed pending Mediation
• 8 weeks for Mediation, unless otherwise agreed

Arbitration 仲裁

• Settlement reached: Settlement Agreement recorded by Tribunal

as a consent award

• No Settlement Reached: Arbitration proceedings resume

Mediation: How it Works DR Options Effective DR Strategy

SIMC Statistics SIMC最新の統計

Total Number of Cases: 43 9 Arb-Med-Arb cases 事件総数：36件、うちArb-Med-Arb事件：9件 2017 Settlement Rate: 85%

Nature of cases: 事件の種類 

Joint venture/partnership 合弁事業・組合



Construction 建設



Oil and gas shipping 石油・ガス輸送



Sale/supply of goods and services 物品・サービスの販売/供給

 Infrastructure インフラ  Insurance 保険  Medical negligence 医療過誤  Tenancy 不動産  Aviation 航空

 Parties from more than

25 25 different jurisdictions

 Largest dispute value:

S$600m $600m

 Total dispute value:

S$1. $1.57b 57bn

 Fastest mediation

arranged: 3 d days ays from filing

 Average Mediation

Duration: 1 – 2 days

SIMC: Neutral Institutional Support

Exper erienced enced panel nel of

• f int

nter erna nationa

• nal med

ediator

• rs and ex

exper erts



Over 70 experienced and internationally recognized mediators from more than 14 countries



Panel of technical experts to support mediations Profes

• fessiona
• nal case mana

nagem ement ent team that offer

• ffers neut

neutral ins nstitut utiona

• nal

suppo pport



SIMC Rules are neutral



Assistance in entering into agreement to mediate and selecting a suitable mediator SIMC IMC Med ediated ed Set ettlem ement ent Agreem eement ents are re Enfor nforcea ceable



Parties retain control over outcome



Commercial Solutions



SIMC settlement agreements are enforceable.

DR Options

Mediation: How it Works Effective DR Strategy

SIAC IAC-SIMC IMC Ar Arb-Me Med-Ar Arb Clause se

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be [Singapore].* The Tribunal shall consist of _________________** arbitrator(s). The language of the arbitration shall be ________________. The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at the Singapore International Mediation Centre (“SIMC”), in accordance with the SIAC-SIMC Arb- Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.

DR Options Mediation: How it Works Effective DR Strategy

SIMC IMC Me Mediati tion

• n Clause

se

 Fo

For use se befo fore a disp spute arise ses:

All disputes, controversies or differences arising out of or in connection with this contract, including any question regarding its existence, validity

• r termination, shall be first referred to mediation in Singapore in

accordance with the Mediation Rules of the Singapore International Mediation Centre for the time being in force.

 For us

use e after er a disput ute ha has arisen: n:

All disputes, controversies or differences arising out of or in connection with this contract, including any question regarding its existence, validity

• r termination, may, notwithstanding the commencement of any other

proceedings, be referred to mediation in Singapore in accordance with the Mediation Rules of the Singapore International Mediation Centre for the time being in force.

DR Options Mediation: How it Works Effective DR Strategy

Over erview ew

Dispute Resolution Options Mediation – How it Works? Effective Dispute Resolution Strategy

Is the Case suitable for Mediation?

What factors should be taken into account for suitability?

 Quantum in Dispute?  Characters of People Involved?  Future relationships?  Nature of Case?  Clarity of Legal Position?

Mediation: How it Works Effective DR Strategy DR Strategy

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Is the Case suitable for Mediation?

 Long-term Relationship  Low Value of Claim  Confidentiality is Important  Parties n talking terms  High Emotional Content  Commercial Solution  No Clear-Cut case  Time is of the essence

DR Strategy Mediation: How it Works Effective DR Strategy

Case Suitability

When is the “Best Time” to go for Mediation?

This Photo by Unknown Author is licensed under CC BY-NC-SA

DR Strategy Mediation: How it Works Effective DR Strategy

Thank you

32 Maxwell Road #02-07 Maxwell Chambers Singapore 069115 Tel: +65 6635 2460 secretariat@simc.com.sg www.simc.com.sg