News and observations | Conflict Change Consulting | Sala Sihombing

Dispute system design with Stephanie Smith

Thu, 07 Nov 2013 18:19:18 +0800

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

Fri, 04 Oct 2013 08:50:46 +0800

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!

Tue, 17 Sep 2013 17:56:36 +0800

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

Mon, 16 Sep 2013 10:48:59 +0800

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

Sat, 07 Sep 2013 17:28:51 +0800

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

Sat, 07 Sep 2013 17:25:29 +0800

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?

Mon, 02 Sep 2013 11:08:05 +0800

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'?

Wed, 19 Jun 2013 22:40:31 +0800

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

Wed, 19 Jun 2013 22:22:24 +0800

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

Thu, 13 Jun 2013 15:27:27 +0800

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.

More thunderstorms for Hong Kong

Fri, 19 Apr 2013 08:36:45 +0800

Sala writes in the FACES ADR Chatroom today about the recent dock workers' industrial action in Hong Kong.

FINRA resources for investors

Thu, 11 Apr 2013 11:17:52 +0800

FINRA has recently created a resource page specifically for investors who are representing themselves in FINRA mediations or arbitrations. While ADR is generally less formal than litigation, parties representing themselves need guidance as to the mechanisms and options available under mediation and arbitration.

FINRA launches pilot program for small claims

Sat, 09 Feb 2013 13:05:17 +0800

In January, FINRA launched a pilot program for parties with claims of USD50,000 or less. The program offers mediation at either no fee (for arbitrations with claims of USD25,000 or less) and at a greatly reduced fee (USD50 per hour) for claims between USD25,000 to USD50,000.

Mediations will be conducted by telephone.

For further information, contact FINRA's Mediation Department or refer to their website.

New FACES Thoughts

Tue, 25 Dec 2012 22:57:19 +0800

Sala writes this month in FACES Thoughts on aspects of mediation and faith.

Kaplan Lecture 2012

Sat, 08 Dec 2012 09:00:23 +0800

Sala Sihombing attended the Kaplan Lecture 2012 and writes in the FACES ADR Chatroom about the lecture.

Asia-Pacific Mediation Conference 2012

Sat, 17 Nov 2012 19:44:34 +0800

Sala Sihombing posts today in the FACES ADR Chatroom regarding her attendance at the Asia-Pacific Mediation Conference 2012.

Primetime for derivatives?

Sat, 27 Oct 2012 16:57:59 +0800

Sala writes in the ADR Times about the coming fashion for ADR in derivative trading.

http://www.adrtimes.com/articles/2012/10/26/primetime.html

ADR in Asia Conference October 2012

Sat, 20 Oct 2012 13:55:11 +0800

Sala Sihombing attended the ADR in Asia Conference organised by the HKIAC as part of the inaugural HK Arbitration Week. Topics were varied including a lively panel discussion on third party funding. With third party funding for arbitration now on the agenda for arbitration what view should mediators have of third party funding?

Hong Kong's new Mediation Ordinance

Sat, 20 Oct 2012 13:22:06 +0800

Sala Sihombing writes in the FACES ADR Chatroom that the Secretary of Justice has gazetted the new Mediation Ordinance and confirmed it will come into effect on 1 January 2013. Although the Ordinance establishes a statutory duty of confidentiality, the Ordinance also provides several exceptions. How practice will evolve around these exceptions will be an area of keen focus for both mediators and parties in Hong Kong.

A Tale of Two Cultures: Nomadic and Settler

Sat, 13 Oct 2012 08:54:31 +0800

Sala Sihombing writes in the ADR Times on cultural aspects of mediation. When you have two diverse cultures how do you structure a mediation to ensure both parties are able to participate fully in the process. Although this article focuses on the real world case of Irish Travellers and Council officials, it has applicability to all cross-cultural mediations in considering sensitively and creatively how to maximise the chance for resolution.

http://www.adrtimes.com/articles/2012/10/5/a-tale-of-two-cultures-nomadic-and-settler.html