29 August – 31 August 2023
Facilitative and Evaluative Models of Mediation: Is the Distinction Still Meaningful, or Simply Arcane Semantics? Is it Time to Bring Evaluative Mediation out of the Shadows?
by Chartered Institute of Arbitrators (Singapore) with Singapore International Dispute Resolution Academy and Singapore International Mediation Centre
31 August 2023, Thursday
12:30 - 14:00
Maxwell Chambers

“To evaluate or not to evaluate: that is the question.
Whether ‘tis wiser to let all hope of settlement sink,
Or to neutrally evaluate and change what the parties think …”
- Marjorie Corman Aaron in A Mediator’s Soliloquy, (1996) 14 Alternatives to the High Cost of Litig 63

 

The Chartered Institute of Arbitrators Singapore Branch invites you to a panel discussion that plumbs the depths of the traditional “facilitative” and “evaluative” divide in mediation. Issues to be discussed include:

  • Is one model of mediation more effective than another?
  • Can the models learn from one another?
  • Should we still bother with this distinction today?

Come join us to find out if there can be a win-win solution to this long-running saga.

 

This event is supported by the Singapore International Mediation Institute.



*This event is a hybrid event. Register for the event here.

Moderator

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Eunice CHUA

Chief Executive Officer, Financial Industry Disputes Resolution Centre (FIDReC)

Eunice leads FIDReC, a not-for-profit company providing mediation and adjudication to consumers with disputes against licensed financial institutions. Before that, Eunice was Assistant Professor at the Singapore Management University School of Law where she specialised in alternative dispute resolution, evidence, and procedure. She remains a Research Fellow at the Singapore International Dispute Resolution Academy. She is a Principal Mediator and Trainer of the Singapore Mediation Centre (SMC). Previously, Eunice was a Justices’ Law Clerk and an Assistant Registrar in the Supreme Court of Singapore. She was also Assistant Director of SMC and Deputy CEO of the Singapore international Mediation Centre.

Speakers

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Andrew MILLER KC

International Mediator and Arbitrator

Andrew Miller KC is a barrister with over 33 years of experience of dealing with and resolving commercial disputes both domestically and internationally. He now practices as a Mediator and Arbitrator both in the UK and internationally in a wide range of commercial sectors, including in the areas of commercial, company construction, energy, insolvency, land and property, property damage, insurance and reinsurance and professional negligence.

 

Andrew was awarded the prestigious NMA Civil & Commercial Mediator of the Year for 2020 and 2021.

 

Andrew has been involved in the mediation of disputes since 1995. He has experience of over 250 mediations across a wide range of disputes. Andrew has acted as lead mediator in commercial disputes valued from £10,000 to over £200 million. Andrew is a strong proponent for Early Stage Mediation and for a combination of facilitative and evaluative mediation. Andrew refers to himself as being an ‘evaluative mediator with a small ‘e’.

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Professor Nadja ALEXANDER

Professor of Law, Singapore Management University Yong Pung How School of Law; and Director, Singapore International Dispute Resolution Academy

Nadja is a Professor of Law at the Singapore Management University’s Yong Pung How School of Law and Director of the Singapore International Dispute Resolution Academy (SIDRA), Asia’s first institution dedicated to thought leadership and educational excellence in dispute resolution at Singapore Management University (SMU). She is a professional mediator and has extensive experience advising corporations and governments on designing mediation and dispute resolution systems. In 2018 Nadja joined the Singapore delegation to the UNCITRAL Working Group II for the drafting of what became the Singapore Convention on Mediation and in 2020 her work informed parliamentary speeches on the ratification of the Singapore Convention.

 

Nadja is a foundation member of the International Advisory Board of the United Nations (UN) Global Mediation Panel established by the UN Office of the Ombudsman. She is a lead academic for the Asia-Pacific Economic Cooperation (APEC) Online Dispute Resolution Collaborative Framework initiative and holds honorary academic appointments in the United States and Australia.

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Wee Meng CHUAN

Chief Executive Officer, Singapore International Mediation Centre (SIMC)

Wee Meng is the CEO of SIMC. He is an experienced lawyer of more than 30 years, working out of Beijing, Hong Kong, Sydney and Singapore. Prior to joining SIMC, he served as General Counsel of IBM Greater China and Nortel Networks Asia Pacific for about 20 years.

 

Wee Meng has advised senior leadership of MNCs as lead counsel on legal and regulatory issues arising out of doing business in Greater China, India, Japan, Korea, ASEAN, Australia and New Zealand. As an active board member of US-China JVs, he has managed a wide range of emerging market risks with leading international best practices.

 

Leveraging his deep regional experience, Wee Meng is currently leading SIMC to promote mediation to resolve complex, commercial cross-border disputes in the Asia Pacific region. He has trained Judges, Senior Lawyers and Businesses across Asia in international mediation trainings and workshops.

 

Wee Meng is an accredited mediator of the Singapore International Mediation Institute.

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Ting-Kwok IU

Founder/Director, Asia Conflict Resolution Institute

TK is an Accredited Mediator (General/Family) and Accredited Family Mediation Supervisor with HKMAAL. He is a SIMI certified mediator and a Fellow of the CIArb.

 

Between 2013 and 2017, he advised the Department of Justice, HKSAR on the enactment of the apology legislation. The Apology Ordinance came into effect on 1 December 2017. TK was the Chairman of the Special Committee on Evaluative Mediation between 2017 and 2021 and a member of the Secretary for Justice’s Steering Committee on Mediation between 2016 and 2022. Since 2020, TK has been a director of eBRAM. In 2017, TK was awarded a Medal of Honour by the HKSAR Government in recognition of his contribution to the promotion of mediation.

 

TK is an adjunct professor of the (1) Department of Law, HKU; (2) School of Law of City University of Hong Kong; and (3) Hang Seng University of Hong Kong. He is also the first Hong Kong-based Visiting Professor of the University of Law, UK.