Presentation on theme: "DISPUTE RESOLUTION TRAINING - Singapore Mediation Centre (SMC)"— Presentation transcript:
DISPUTE RESOLUTION TRAINING - Singapore Mediation Centre (SMC)
The Singapore Mediation Centre (SMC) is the flagship mediation center of Singapore. It helps individuals and organization resolve disputes amicably. It has established itself as training expert in the fields of negotiation, conflict resolution, and mediation.
WORKSHOP INSTRUCTORS: Atty. Alvin Cheng - Associate Mediator of SMC and the State Courts of Singapore. Mr. Leong Seng Onn - Executive Director of SMC and holds concurrent appointment as Senior Director of the Singapore Academy of Law. Mr. Daniel Ang - Associate Mediator, adjunct trainer and assessor of SMC. Ms. Meilina Ong - certified trainer in conflict resolution and an Associate Mediator and instructor at SMC.
There were 25 participants who came from various parts of the globe. Except for Brunei and Indonesia, which has two (2) attendees each, the following has lone participant/trainee, namely: Azerbajian, Bhutan, Cook Islands, China, Fiji, Georgia, Kyrgyz Republic, Libya, Maldives, Mexico, Mongolia, Nepal, Palestine, Panama, Philippines, Romania, Sri Lanka, Thailand, Tunisia, United Arab Emirates and Zimbabwe.
The 7-day training course is designed to have participative discussions with workshops/role plays. The participants are being trained to be negotiators and mediators.
Some of the core concepts discussed were the spectrum of conflict resolution and the seven elements of interest-based negotiation. It highlighted mediation as a process in which the parties to a dispute request a neutral person to facilitate negotiations between them with a view to resolve their dispute amicably.
Interest-based mediation is a species of mediation that is founded on these seven (7) elements. It is so-called because mediator facilitates negotiations by helping the parties to move away from their respective positions and encourage them to negotiate in terms of their interests instead of their strict legal entitlements.
WORKSHOPS: “Hexium Pricing” exercise - where the goal is to maximize the company’s own profits but the monthly profits will depend on the price set by the company and that of its competitor. The exercise instilled the importance of trust and commitment. Because of trust we gain more in the end. It’s about what WE need.
The “Fay Woon and Nic Zee” role play - helped participants understand the concept and difference between adjudication and mediation, where the third party adjudicate first, then mediate. The third party, as an adjudicator, has more control over the parties and outcome - win-lose outcome. While as a mediator, the neutral party assists the parties to focus on their interest to amicably reach a possible solution – win- win solution.
The “Ugli Eggs” and “The Case of Barbera Strikesand” are workshops designed to equip participants to be better negotiators to focus on the interest rather than the needs.
The “Pat and Sam” and “Skin Laser Procedure” cases are role plays created by SMC to train participants to be mediators.
Some of the learning/pointers shared by the facilitators are the following: ask “why” and “why not”, ask more questions during the exploration stage, ask open-ended questions, ask questions to lead parties to the “solution” (make it sound like it is their solutions), use private session, ensure confidentiality, observe body language, reality test the situation and solutions, and ask parties if they would like to hear a suggestion (but do it at the latest possible time, after the parties have tried all possibilities).
SITE VISITS: Consumer Association of Singapore (CASE). CASE is s a non-profit, non-government organization founded by the National Trade Union Congress (NTUC) in 1971 to protect and promote consumer interests.
The complaints are largely settled through advice and counseling. But if the complaint is unsettled, it goes to mediation where two (2) mediators are assigned to co-mediate to find amicable solution. There is a schedule of fee depending on the claim range, member or non-member and whether Case Trust or non-Case Trust member. The neutral (mediator) are not paid or on pro-bono. The complaints are largely settled through advice and counseling. But if the complaint is unsettled, it goes to mediation where two (2) mediators are assigned to co-mediate to find amicable solution. There is a schedule of fee depending on the claim range, member or non-member and whether Case Trust or non-Case Trust member. The neutral (mediator) are not paid or on pro-bono.
Singapore International Arbitration Center (SIAC). SIAC is located at the Maxwell Chambers, which is one of the world’s first integrated dispute resolution complex housing best-of-class hearing facilities as well as top international Alternative Dispute Resolution institutions.
It is independent and not-for-profit organization established in July 1991. It is the fastest growing institution for international commercial arbitration.
Primary Dispute Resolution Centre (PDRC) PDRC provides free Alternative Dispute Resolution services to court users. The mediators are judges of the Subordinate Courts who have been specially appointed and trained to mediation. Associate Mediators, who are lawyers trained and accredited by the Courts and the Singapore Mediation Centre also act as mediators.
PDRC will only schedule a mediation session when all the pleadings have been filed, and all the parties consent to mediation. A mediation session will typically take one morning or afternoon.
Syariah Court (SYC) In 1968, the Singapore Parliament enacted the Administration of Muslim Act or AMLA. The AMLA is a set of statutory provisions that aims to guide the Singapore Muslim Community in its practice of religion, taking into consideration their secular environment.
The Syariah Court is one of the three (3) key institutions established under the AMLA. Its mission includes to save/salvage marriages, settle divorces amicably and deliver just outcomes. Part of handling divorce cases, parties undergo mediation to explore reconciliation. If divorce is inevitable, SYC works towards amicable divorce. In collaboration with the Singapore Mediation Centre, SYC now has volunteer mediators.