Dispute system design with Stephanie Smith
On 6 November, Sala was delighted to attend a presentation by Stephanie Smith (follow link to her article on an analytic framework for DSD) given at HKU on her extensive experiences in designing ‘appropriate’ dispute resolution systems in both the public and private sector. A few key points for dispute system designers include a focus on their role and ethical obligations, and importantly a focus on the context of the disputes.
Istanbul 2013 Mediators Beyond Borders 6th Congress
Sala attended the 6th Congress of Mediators Beyond Borders in Istanbul on 27 and 28 September 2013. With so many speakers from around the world, the highlight was Dr Ken Cloke who spoke on dialogue facilitation, poetry and neuroscience. Ken has a book coming out shortly called the "Dance of Opposites". There were workshops on various specific MBB projects and also technical aspects of mediation and facilitation.
The Who, What, When, Where and Why of Mediation is here!
For those who are looking for some light reading material on mediation, all the FAQs are now in one convenient pdf booklet "The Who, What, When, Where and Why of Mediation".
The mediation trough
Sala has written a FACES Thoughts article about the mediation trough and why mediation may be worth considering.
The Who, What, When, Where and Why of Mediation
Conflict Change Consulting is pleased to launch a new Q&A section which includes 100 frequently asked questions about mediation, with answers!
FACES ADR launches Youtube Channel
FACES ADR, the global ADR network founded by Sala Sihombing has launched a Youtube channel to celebrate their first anniversary. More videos in the days to come, but for now, Sala Sihombing and M. Nycole Hearon have posted.
Have you ever had a fight?
Sala has released her first slideshow on Slideshare. The focus is on why parties should consider mediation first when a dispute arises. More to follow!
Any 'Tom, Dick or Harry'?
Sala Sihombing has published in FACES Thoughts an article regarding the exercise of discretion in choice of law for arbitrations.
Financial dispute resolution in Hong Kong
Sala Sihombing was delighted to accompany Ms Julie Crotty (Deputy Director of Mediation and Business Strategy, FINRA) to the FDRC during her trip to Hong Kong. Sala acted as the chair of the panel discussion at the Financial Dispute Resolution Forum organised by the University of Hong Kong, Faculty of Law and the HKIAC on 19 June 2013. More details can be found on the FACES website.
From left to right, Professor Yang Dong, Ms Sou Chiam, Ms Julie Crotty, Mr Michael Wong, Ms Sala Sihombing and Professor Katherine Lynch.
HKIAC new Administered Arbitration Rules
After much work from the HKIAC Rules Revision Committee and consultations, the new HKIAC Administered Arbitration Rules have been released. Sala Sihombing attended the first workshop conducted by the HKIAC to highlight changes in the structure and provisions of the rules.
Highlights included:
- the proposed introduction of a 'court' to take responsibility for decisions given the enhanced powers of the HKIAC under the new rules
- new powers for the HKIAC, such as the power to amend time limits (Article 2.4)
- no presumption regarding the number of arbitrators (Article 6.1)
- default fees to be included in Schedule 2 which shall be hourly (Article 10.1)
- interim measures which track closely the Arbitration Ordinance and the Model Law but which provide for wider measures than either (Article 23.3)
- expanded provisions relating to joinder (Article 27) including a provisional joinder power for the HKIAC (Article 27.8)
The HKIAC is intending to host further educational sessions in order to publicise the new rules which will come into force on 1 November 2013.