George Lim, Senior CounselDeputy Chair
Singapore International Mediation Centre (SIMC)
SINGAPORE INTERNATIONALMEDIATION CENTRE
“Facilitated Negotiation Assisted By
A Trusted Neutral”
Positions vs Interests
BENEFITS OF MEDIATION
• Saves time & money
• Provides certainty / finality
• Confidential
• Creative / flexible: can provide
solutions which a court cannot order
• Preserves relationships
• Creates social harmony
Mediation in Singapore
Mediation Landscape in Singapore
• Primary Dispute Resolution Centre
• Maintenance Mediation Chambers
• Family Resolutions Chambers
• Child Focused Resolution Centre
1994: Court-annexed Mediation
• Singapore Mediation Centre (1997)
• Singapore International Mediation Centre (2014)
1997: Commercial or Private Mediation
• Community Mediation Centre
• Small Claims Tribunal
• Tribunal for Maintenance of Parents
1998: Community Mediation
1994: Court-Annexed Mediation
• Primary Dispute Resolution Centre , State Courts
• Dedicated pool of mediators who are judges but do not preside over trials
• Assisted by volunteer lawyers who are trained mediators
• Service is free; about 90% success rate
1998: Community Mediation
• Community Mediation Centres Act
• Mediation services for community disputes
• 162 volunteer mediators
• Administrative fee of S$5
• Around 70% success rate
1997: Commercial Mediation -
Singapore Mediation Centre (SMC)
• Grant from Ministry of Law
• Panel of about 100 lawyers & non-lawyers
• Fees begin at S$900 a day per party
• 2014: 337 cases
• 73% success rate
• About 46% of cases referred by the Supreme Court
Mediation Growing In Use Worldwide
Fiji
Dubai
MORE CROSS-BORDERDISPUTES LIKELY IN ASIA
Potential for International Mediation
Source: IMF WEO Database (Apr 2014)
-2
0
2
4
6
8
10
12
14
2007 2008 2009 2010 2011 2012 2013 2014
Year
-ove
r-ye
ar c
han
ge (
in %
)
Year
GDP Growth Rates in Asia –Actual Data and Latest Projections
Emerging & Developing Asia ASEAN-5 World
Source: 2014 UNCTAD World Investment Report
0
50
100
150
200
250
300
350
Africa LatinAmerica and
theCaribbean
Asia TransitionEconomies
FDI outflows, by region, 2009-2013(Billions of dollars)
2009
2010
2011
2012
2013050
100150200250300350400450500
Africa LatinAmerica and
theCaribbean
Asia TransitionEconomies
FDI inflows, by region, 2009-2013(Billions of dollars)
2009
2010
2011
2012
2013
Potential for International Mediation
Potential for International Mediation
100
110
120
130
20122013
120.0
128.4121.1
117.6
GD
P in
Bill
ion
s U
SD
Year
China & ASEAN 5 GDP (2012/13)
ASEAN 5
China
Source: International Business Times (Mar 2014)
Impact of the ASEAN Economic Community
• The AEC allows freer flow of goods, services & people around the region
• This also translates to higher potential for disputes to arise
• The EEC has shown that the potential for cross-border litigation is high when trade increases
RECOMMENDATIONS OF
SINGAPORE WORKING GROUP ONINTERNATIONAL COMMERCIAL MEDIATION (2013)
• Creation of Professional Standards and Accreditation Body : Singapore International Mediation Institute (SIMI)
• Mediation Act
• Formation of Singapore International Mediation Centre (SIMC)
Singapore International Mediation Centre (SIMC)
• November 2014
• Cross-border commercial disputes
• International board of directors
• Panel of 67 international mediators from 14 countries, working in 14 languages
• Mediators independently certified by Singapore International Mediation Institute
SIMC’s Panel of Mediators includes …
Edna SussmanUSA
Nadja AlexanderHong Kong
Dr William UryUSA
Tommy KohSingapore
Karl MackieUnited Kingdom
Michel Kallipetis QCUnited Kingdom
Alan LimburyAustralia
Geoff SharpNew Zealand
SIMC’s Panel of Mediators includes …
John SturrockUnited Kingdom
Sriram PanchuIndia
Anil XavierIndia
Christopher ToHong Kong
David RichbellUnited Kingdom
Ruth GlickUSA
Kehinde AinaNigeria
Michael Hwang SCSingapore
SIAC-SIMC ARB-MED-ARB SERVICE
• Arb-med-arb is a process where parties attempt mediation in the course of arbitration proceedings
• If mediation is successful, parties may request their mediated settlement be made a consent arbitral award
• If mediation is unsuccessful, parties may proceed with arbitration
Arbitration Mediation Arbitration
MODEL SINGAPORE CLAUSE
All disputes, controversies or differences (“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 in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force.
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.
The Way Forward
SIMC (Singapore
International Mediation Centre)
SICC(Singapore
International Commercial
Court)
SIAC(Singapore
International Arbitration
Centre)
Positioning Singapore as a one-stop international dispute resolution centre
• Inculcate duty to act in best interests of clients
• Help young lawyers to be problem solvers, to advise on
best dispute resolution process
• Emphasise negotiation & mediation skills, mediation
advocacy
• Inculcate duty to act in best interests of clients
• Help young lawyers to be problem solvers, to advise on
best dispute resolution process
• Emphasise negotiation & mediation skills, mediation
advocacy
• Inculcate duty to act in best interests of clients
• Help young lawyers to be problem solvers, to advise on
best dispute resolution process
• Emphasise negotiation & mediation skills, mediation
advocacy
Back to “MediAsian”• Mediation has roots in Asia
• Cultural concepts like “mianzi”
(face) and “guanxi” (connection/
relationship) play a more significant
role
• Need to develop an “Asian” brand
of mediation to suit the cultural
needs of parties in Asia
• ADR Training Academy for Asia?
32 Maxwell Road
#02-07 Maxwell Chambers
Singapore 069115
Tel: +65 6635 2460
www.simc.com.sg