Contributions to editor@mediate.com
|
|
Site by: Resourceful Internet Solutions, Inc. |
|
|||||||
Contributions to editor@mediate.com |
|||
|
|||
LEADR Fellow Geoff Sharp has publicly responded to the state-funded mediation pilot program in New Zealand’s High Courts by expressing concern that taxpayer funding will devalue mediation and urging the program be established appropriately from the beginning. Sharp suggests looking to the user pays model in the U.K., which both encourages mediation and imposes costs on litigants who unreasonably refuse to mediate. Sharp also recommends an independent advisory body to help integrate mediation into New Zealand’s civil justice system, based on Australia’s National Alternative Dispute Resolution Advisory Council.
Lawfuel.com (September 7, 2009)
The High Court in Auckland, New Zealand is introducing a pilot program using private mediators for court-ordered mediations in certain civil disputes. Judges had previously conducted all mediations or settlement conferences, which were successful but took a great deal of judicial time. The Chief High Court Judge is creating a roster of 12 to 15 mediators, who will be paid NZ$1,500 (US$1,000) for half-day and NZ$3,000 for full-day mediations. The pilot begins on November 1 and will be reviewed in June 2010.
Law Fuel (August 10, 2009)
The World Intellectual Property Organization is opening its first arbitration and mediation center outside its Geneva headquarters, with a new Singapore office opening in January to serve the Asia-Pacific region. WIPO administers mediations relating to patent, trademark and copyright issues, as well as telecommunications, engineering and domain name disputes. The Singapore WIPO office will also collaborate with Singapore’s Media Development Authority to address film related disputes, along with providing training and advice on mediation and arbitration.
Bernama.com (July 28, 2009)
The New South Wales Court of Appeals in Newcastle City Council v. Wieland, NSWCA 113 (NSW, Australia 2009), concluded that court-ordered mediation expenses generally should be treated as legitimate costs of the proceedings, since the mediation is a required step. If the parties wish to ensure that each pays its own mediation costs, they must make that clear by agreement.
Mondaq (May 27, 2009) (Subscription Required)
A possible last minute compromise between copyright holders and internet service providers would rely on independent mediators to help resolve internet piracy complaints. Mediation would replace an obligation on ISPs and server operators to investigate piracy complaints and bar clients from the web, which would be imposed by the revised Copyright Act. Advocates of internet freedom marched on Parliament to protest the legislation, which was set to take effect at the end of February.
New Zealand Herald (February 20, 2009)
Upcoming changes in the Singapore Criminal Procedure Code will give police the power to refer squabbling parties to a Community Mediation Centre. Parties who reject a police referral to mediation would have the refusal counted against them if the dispute ends up in court. Founded in 1998, the mediation center successfully mediates about three-fourths of its cases.
Today Online (February 14, 2009)
Mediation of litigated cases continues to increase in China; last year, one-third of five million civil cases were resolved using non-mandatory mediation, often with assistant judges acting as mediators. The Supreme People’s Court is pleased with the effectiveness of mediation and hopes to further increase the use of mediation in civil and family cases to deal with ever larger caseloads. Pilot projects using mandatory mediation began in June 2008 in seven Chinese provinces and large cities.
China Daily (November 21, 2008)
The Hong Kong Monetary Authority appointed the Hong Kong International Arbitration Centre to provide mediation and arbitration services to address disputes between banks and investors in Lehman-related products. In certain circumstances, the Monetary Authority will pay a portion of the fee for the Centre’s services. Hong Kong’s Secretary for Justice is also encouraging mediation to help resolve disputes relating to Lehman minibonds.
The Standard (October 31, 2008); The Standard (October 22, 2008)
The Finance Minister of Singapore stated that the Monetary Authority is encouraging mediation as a recourse for protesting investors. Banks in Singapore have established independent mediation panels to address concerns raised by customers.
Channel News Asia (October 15, 2008)
A litigation funding company in Australia provides resources in carefully selected cases to individuals and small businesses involved in disputes with larger entities who may try to use their advantage in resources to obtain procedural wins or force unfair settlements. The funding company sees itself as helping to level power imbalances, but selects only cases it feels are likely to generate a good return. The managing director believes mediation is the best option for resolving business disputes, but that mediation works better when the smaller party has options.
Sydney Morning Herald (June 7, 2008)
Australian Supreme and County Courts will be able to send cases to mediation for the first time in a pilot project being started in Victoria, which will include large commercial disputes. Based on a Canadian model, senior judges will be involved to give the mediation process their imprimatur. The project is allocated A$3.7 million in the current budget package for the judicial system. In addition, the budget includes a A$5.8 million expansion of the mediation program in Magistrate Court and A$6.2 million to expand alternative dispute resolution regionally in Victoria.
The Age (May 4, 2008)
In four days of negotiations, World Bank-appointed mediators helped Fiji government representatives and the management of several telecommunications companies reach agreement on conditions to deregulate the Fiji telecommunications industry, which had been run as a monopoly for decades. The agreement is subject to approval of the Fiji Cabinet and company boards.
Fiji Times (November 22, 2007)
The highlight of Law Week in Tonga was the prominence of mediation, according to the Chief Justice of Tonga. A mediation film shown every night on Tongan television was very popular and greatly increased knowledge about mediation both among lawyers and the public. With financial assistance from the World Bank, copies of the mediation video are being sent to every village and church committee in the country.
Tonga-Now (November 23, 2007)
A Korean Fair Trade Mediation Board and a Fair Trade Dispute Mediation Council were established when amendments were made to the Korean Fair Trade Act in July and November. The Korean Fair Trade Commission’s new procedures permit persons suffering damage from antitrust violations or unfair trade practices to file an application for mediation by the Council. If a settlement is reached in the mediation, the Fair Trade Commission will not impose additional penalties.
Mondaq (November 7, 2007)
New South Wales, Australia has proposed relying on a community mediation center in order to lower the cost of court ordered mediations. The Attorney General notes that the community mediation center has 20 years experience and a success rate of over 80 percent.
ABC News (October 28, 2007)
Mediation centers in Singapore, Hong Kong, Indonesia, Malaysia and the Philippines are joining together to form the Asian Mediation Association (AMA) in response to increasing trade and cross border activity among countries and businesses in the region. The AMA will pool resources and provide a regional infrastructure for conflict management and resolution. An AMA secretariat will be located at the Singapore Mediation Centre, where a memorandum of understanding forming the AMA was signed on August 17 at the 10th anniversary celebration of the Singapore Centre. The AMA hopes to expand to include China and India, as well as other Asian members.
Channel NewsAsia (August 17, 2007); Business Times (Singapore) (August 18, 2007) (Subscription Required)
Japan’s Cabinet Office plans to improve mediation services for consumers harmed by illegal business practices and defective products by creating a new Alternative Dispute Resolution system at the National Consumer Affairs Center. After submission of a final report in September, legislation will likely be introduced to give the Center greater authority to conduct mediations and resolve matters, including authority to request companies to participate, present materials and execute agreements with consumers. Sufficient resources are also needed to ensure success, as the Center’s workload is already heavy. This proposal reflects the gradual change in Japan’s approach to consumer protection, which is moving from reliance on extensive regulation to greater enforcement by consumers through the legal system.
Daily Yomiuri (August 8, 2007) (Subscription Required)
Western Australia’s Supreme Court began a pilot program to mediate criminal cases last November, and is now expanding its “criminal case conferencing” program by covering more serious crimes, including murder and armed robbery, and appointing a second mediator. Mediation occurs only with the consent of the accused and victims (or secondary victims in the case of murder). While possible outcomes of mediation include agreements to substitute charges, obtaining admissions that will shorten the trial, and solutions that avoid trial altogether, the program is not plea bargaining. Further, as with civil mediation, mediation communications cannot be used in any later trial and the mediation is entirely separate from the court proceedings. The Supreme Court is the highest court in the state and deals with serious criminal charges and large civil cases.
Australian (July 13, 2007)(Subscription Required)
After a successful workplace mediation, the employee mentioned to a co-worker that the manager had attended with her son and had been in tears during the mediation. The employer learned of the conversation, alleged a breach of the mediation confidentiality agreement and terminated the employee. The New Zealand Employment Relations Authority concluded in Plimmer v. Hawksbury Community Living Trust, CA 31/07 (Christchurch, March 28, 2007), that the employee’s disclosure was inadvisable but did not breach confidentiality since there was no disclosure of the settlement discussions or the details of what had been agreed.
Independent (NZ) (July 18, 2007) (Subscription Required)
China’s Supreme Court President recently emphasized the importance of continuing to pursue mediation as an alternative to civil trials, calling for a step-up in mediation work. However, courts should not attempt to meet mediation quotas, but should ensure that mediation remains voluntary and fully respect the will of the litigants.
World News Connection (June 25, 2007) (Subscription Required)
Bangalore, India’s third largest city, is inaugurating its first mediation center in a ceremony to be attended by the Chief Justice of India, Supreme Court judges, and other dignitaries, in what is being called one of the most significant developments in the judicial history of the state. The mediation center is one of a handful in India. The center currently handles civil cases with 57 trained mediators and a success rate of nearly 50%. The High Court plans to train additional mediators from surrounding districts and expand to include minor criminal matters.
Hindu (India) (June 21, 2007) (Subscription Required)
Singapore’s High Court held that settlement agreements reached through mediation do not have the authority of court judgments, invalidating the court order a claimant’s attorney obtained from a court registrar to enforce a settlement. Singapore’s Subordinate Court promptly ruled that mediated settlements reached through the country’s Primary Dispute Resolution Centre may be endorsed by courts in order to be enforced as judgments. Questions remain about the status of existing judgments resulting from settlements, as nearly 10,000 cases are mediated a year.
Straits Times (May 3, 2007) (Subscription Required)
Discussing both the successes and challenges of mediation in Bangladesh at a roundtable organized by the Bangladesh Legal Aid and Services Trust, Justice Mustafa Kamal stated the need for more trained mediators to allow judges to disengage from mediation. Justice Kamal noted that results have varied, with family mediation program success rates varying from 35% to 83%. Mediation has resulted in a ten-fold increase in debts recovered and has been extended to appellate cases. Justice Kamal suggests creating a training institute that would certify mediators.
The Daily Star (April 29, 2007)
Information Communication Technologies (ICTs), now often touted as a panacea for socio-economic development, fail to make any sense for those enmeshed in violent conflict. This is why I have proposed a deep and meaningful exploration into the way ICT can help engender peace and conflict transformation. I am interested in how (and indeed, if) democracy and peace can be strengthened in countries such as Sri Lanka, Nepal, Colombia, Timor Leste using ICT – how they could be made more resilient to the mercurial actions and policies of political leaders and non-state actors that often sow the seeds for more conflict, how they could give voice to the voiceless and marginalised, and how they can strengthen the participation of youth and empower women in reconciliation.
The Karachi Centre for Dispute Resolution (KCDR) is successfully resolving commercial disputes, which are increasing along with trade and business activity, according to Pakistan’s former Chief Justice who is on the KCDR board. Established two years ago with help from the World Bank’s International Finance Corporation (IFC), KCDR is now a non-governmental organization guided by both active and retired judges and business leaders. By reducing litigation expenses and delays and freeing assets tied up in court, the Chief Justice notes that KCDR encourages market-based activity as intended by the IFC and serves as an example for the rest of Pakistan.
Business Recorder (April 14, 2007) (Subscription Required)
The ICFAI Journal of Alternative Dispute Resolution, published in India, invites submission of original research papers in the field of ADR. The Journal is provided to all judges of the Supreme Court and high courts in India, and subscribers include scholars, professors, and business executives. Now in its sixth year, the Journal has published dozens of articles by well-known American mediators.
Contact ijadr@icfai.org or profkrishna@gmail.cpm
A pilot mediation program began in September 2006 in Hong Kong’s Construction and Arbitration List High Court and is to continue through August 2008. Although participating in the mediation program is voluntary, if one party requests mediation the other party may face costs imposed by the court for unreasonably refusing to participate or not participating sufficiently. The court has complete discretion over whether to impose costs, but there is little basis on which to determine when the court may do so. Other courts, such as those in the United Kingdom, determine sanctions for failure to mediate based on whether a case is suitable for mediation, the merits of the case, whether other settlement attempts have been made, and whether the costs of or delay caused by mediation would be detrimental to the party.
Mondaq Ltd. (January 4, 2007) (Subscription Required)
China continues to expand use of mediation while seeking to standardize mediation processes. At the eighth anniversary of the Hong Kong Mediation Centre, Minister of Justice Wong Yan-lung said the Justice Department would promote mediation throughout the government and set up a task force to help develop consistent policies and regulations. Immediate plans include using mediation for land and personal injury matters to help reduce large caseloads. Discussing the benefits of mediation, Mr. Wong expressed confidence that mediation’s value will become readily apparent for higher-end commercial disputes and generate a market in due course.
South China Morning Post (February 6, 2007) (Subscription Required); South China Morning Post (January 9, 2007) (Subscription Required)
The New Zealand Human Rights Commission illustrated the success of its dispute resolution program – which since 2002 has focused on mediation – by detailing a number of cases, one of which resolved claims against an airline by a Muslim religious leader who was removed from a plane as a security risk for spending ten minutes in the toilet in ritual ablutions before take off. The airline ultimately gave the cleric a written apology and financial compensation for missing his presentation at an overseas conference, and instituted cultural awareness training and other changes to prevent recurrences. Overall, the Commission reported that discrimination complaints are up 11% over the previous year.
New Zealand Herald (December 9, 2006)
The Chinese Ministry of Justice is developing comprehensive legislation to regulate the practice of mediation throughout China. The legislation was proposed by the 10th National People’s Congress, which recognizes the “pivotal role” mediation already plays in resolving civil disputes and promoting economic development, but sees a need for improved quality, standardization and greater financial support.
World News Connection(November 24, 2006) (Subscription Required)
Participants from India, Australia, Malaysia, Japan, Hong Kong, Cambodia, Vietnam and the Philippines attended the Asia Pacific Conference on Contemporary Trends in Mediation and Arbitration in Kuala Lumpur in mid-July. The keynote address by Malaysian Chief Justice Ahmad Fairuz stated that his country is considering mediation legislation which would cover both voluntary and court-directed mediation in order to reduce court backlogs. The Chief Justice emphasized that courts around the world struggle to keep up with expanding caseloads and noted the successful use of mediation in Singapore, the United Kingdom, Canada and Australia. The conference was organized by the International Islamic University Malaysia and an arbitration center.
Bernama General News (July 18, 2006) (Subscription Required)
U.S. Ninth Circuit Judge J. Clifford Wallace stated recently in Pakistan that he believes use of mediation is consistent with the requirements of the Koran. Discussing difficulties facing judiciaries around the world, Judge Wallace emphasized mediation and its success in most of the 50-60 countries in which he has worked. Judge Wallace noted the potential for mediation in Pakistan and praised Pakistan’s Supreme Court Justice Jillani for his promotion of alternative dispute resolution.
Pakistan Link (August 14, 2006)
Both India and China are rapidly expanding local mediation programs in order to achieve efficiencies and greater satisfaction among parties to disputes, including multi-party disputes. In the Indian state of Andhra Pradesh, High Court Chief Justice G. S. Singvhi announced that the High Court has decided to open alternative dispute resolution centers in all 23 districts in the state. A proponent of mediation, the Chief Justice urged newly-trained mediators not to be deterred by initial resistance to mediation from local practitioners. Similarly, Shanghai – China’s largest city, with over 17 million residents – plans to open alternative dispute resolution centers in every district court by the end of September, following the success of the mediation program established in 2003 in the Changning district court in Shanghai.
The Hindu (July 23, 2006); ShanghaiDaily.com (July 28, 2006)
Continuing efforts to spread mediation practice throughout India, the New Delhi High Court recently opened a mediation and conciliation center at the court. Court-annexed mediation is intended to ease the burden on the court and reduce the time for resolving disputes, as the number of cases increases with industrialization and economic policies promoting new businesses.
Indlaw Communications Pvt. Limited (May 29, 2006)
The World Bank’s International Finance Corporation organized a mediation skills training program in Karachi in June. The training is part of the its ongoing efforts to establish a pilot mediation program in Pakistan in cooperation with the Federal Ministry of Law, Justice and Human Rights and the High Court of Sindh. Thirty-six professionals from various backgrounds were trained by UK mediators. The Chief Justice of the High Court of Sindh praised the efforts, strongly encouraging the use of mediation in Pakistan to ease the burdens on its courts, free tied-up assets, and minimize business-stifling litigation.
Business Recorder (June 17, 2006) (Subscription Required)
A new international alliance launched the UK-China Mediation Centre in April, with locations in Beijing and London. The alliance is between the Centre for Effective Dispute Resolution (CEDR) and the China Council for the Promotion of International Trade. The focus is on mediating disputes between Chinese and European businesses to avoid the need for arbitration or litigation.
Lloyd’s List International (4/12/06) (Subscription Required)
The rapid growth of mediation and other forms of alternative dispute resolution (ADR) in India has spurred the Indian Institute of Arbitration & Mediation (IIAM) to develop new academic programs. IIAM has announced a “Tri-Continental LL.M” program on ADR in a joint venture with Hamline University Law School. In addition to an LL.M, the program results in a Diploma in Dispute Resolution and a Certificate in Arbitration, with course work spread between Cochin, India; St. Paul, Minnesota; and the School of International Arbitration at Queen Mary University in London.
Hindu (India, 4/10/06) (Subscription Required); IIAM Information
Search Mediators Mediator Referral |
