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
Dispute Resolution Options Media diatio ion Liti tigati tion on Ar Arbitr trati tion on Mediation: How it Effective DR DR Options Works Strategy
Global Mediation Trends 2013 – Living 2013 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 Corporate Policy 1997 2011 Defending Initiating Always litigate 5.0% 6.1% 0.6% Litigate first, then move to ADR where 24.7% 21.4% 18.8% appropriate Litigate only when appropriate, use ADR for all 25.2% 27.0% 38.2% others 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% 5 Mediation: How it Effective DR DR Options Works Strategy
Fortune 1000 Companies 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 120% 1997 2011 98% 100% 87% 83% 80% 80% 66% 60% 51% 40% 39% 36% 40% 31% 30% 20% 20% 15% 20% 14% 10% 0% 0% 0% Harvard Negotiation Law Review: “Living with ADR: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1000 Corporations” (2013) 2
Growth of Mediation Leading arbitration centres offering mediation services KCAB, South Korea LCIA, London PDRCI, ICDR, Philippines USA ICC, Paris JCAA, KLRCA, Tokyo Malaysia DFIC, Dubai Resolve Institute, Australia SIAC-SIM SI IMC, , Sin ingapore
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. Mediation: How it Effective DR DR Options Works Strategy
Over erview ew Dispute Resolution Options Mediation – How it Works? Effective Dispute Resolution Strategy
WHAT IS 調停とは Mediation: How it DR Options Effective DR Works Strategy
What is Mediation? Faci cilita tated ted neg negoti otiati tions ons wi with the hel th the help p of of a a neutra neutral thi third pa rd party rty. Mediation: How it DR Options Effective DR Works Strategy
Stages in a mediation Introduction Mediator’s Opening Problem- Party A’s Opening & Defining Mediator Summary Party B’s Opening & Mediator Summary Agenda Setting Exploring Issues Problem- Private Sessions Joint Negotiation Solving Agreement Mediation: How it DR Options Effective DR Works 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） Mediation: How it DR Options Effective DR Works Strategy
Advantages of Mediation Mediation: How it DR Options Effective DR Works Strategy
SIAC-SIMC Arb-Med-Arb Service （ SIAC ・ SIMC 仲裁 - 調停 - 仲裁サービス） • Claimant submits Notice of Arbitration • Arbitral Tribunal is formed Arbitration • Respondent submits Response to Notice of Arbitration 仲裁 • Arbitration is stayed pending Mediation • 8 weeks for Mediation, unless otherwise agreed Mediation 調停 • Settlement reached: Settlement Agreement recorded by Tribunal as a consent award Arbitration • No Settlement Reached: Arbitration proceedings resume 仲裁 DR Options Mediation: How it Effective DR Works 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 Infrastructure インフラ Joint venture/partnership 合弁事業・組合 Insurance 保険 Construction 建設 Medical negligence 医療過誤 Oil and gas shipping Tenancy 不動産 石油・ガス輸送 Sale/supply of Aviation 航空 goods and services 物品・サービスの販売 / 供給
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 of int nter erna nationa onal med ediator ors and ex exper erts Over 70 experienced and internationally recognized mediators from more than 14 countries Panel of technical experts to support mediations Profes ofessiona onal case mana nagem ement ent team that offer offers neut neutral ins nstitut utiona onal 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. Mediation: How it Effective DR DR Options Works 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. Mediation: How it DR Options Effective DR Works Strategy
SIMC IMC Me Mediati tion on 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 or 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 or 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. Mediation: How it DR Options Effective DR Works 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 Effective DR DR Strategy Works Strategy
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 This Photo by Unknown Author is licensed under CC BY-SA Mediation: How it Effective DR DR Strategy Works Strategy
Case Suitability When is the “Best Time” to go for Mediation? This Photo by Unknown Author is licensed under CC BY-NC-SA Mediation: How it Effective DR DR Strategy Works Strategy
Thank you 32 Maxwell Road #02-07 Maxwell Chambers Singapore 069115 Tel: +65 6635 2460 secretariat@simc.com.sg www.simc.com.sg
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