Xiner Hu I. INTRODUCTION Mediation is a popular form of Alternative Dispute Resolution (’ADR’) that is widely adopted for its efficiency and confidentiality traits. In Korea, mediation, and conciliation (Jojeong) can be understood and used interchangeably in legal practice. Both private mediation and court-annexed mediation have long been judicially and administratively promoted. Both the South Korean government and courts have progressively encouraged the settlement of  disputes through ADR procedures.  This was specifically seen after the enactment of the Judicial [...]

Michael de Venecia* I. Introduction Despite the global COVID-19 pandemic, the international arbitration scene in Singapore continues to grow.[1]  As the world recovers from it, Singapore will likely continue on this trajectory in the future. Singapore is one of the leading centres of International Commercial Arbitration, and it continuously refines its laws to maintain that status.[2] II. New developments in Singapore law with regards to International Commercial Arbitration A. Damages for breach of Arbitral Agreement A dispute can be [...]

Special Rapporteurs: Alay Raje and Samridhi Shrimali* Her Honour Justice Katrina Bochner presented the 4th Annual ADR address on the topic Dispute Resolution in Post-Pandemic Australia: Time to Re-Assess the Approach on 11 August 2022. It was a hybrid event, with guests welcomed both in person and online. ADR processes like mediation becoming a mainstay in the dispute resolution field and have undoubtedly affected Court processes. Her Honour reflects on the rapid developments in this area from [...]

Nick Stewart, Auckland Law School Introduction On 7 February 2022, French President Emmanuel Macron met with Russian President Vladimir Putin to discuss Russia’s amassing of military troops near Ukraine. Macron described Putin as overly focused on history dating back to the Cold War and said he was a different person to when the pair last met three years earlier. Since then, Russia has invaded Ukraine, prompting many more to speculate about Putin’s mental state, such as former US Secretary [...]

By Courtney Petherick Facemasks have been actively promoted as an effective preventative measure against COVID-19. They are variously encouraged or mandated in many indoor settings where social distancing is not possible, and this is unlikely to change any time soon. Accordingly, dispute resolution specialists, as experts in communication, are needing to adapt to the impact of facemasks. For most of us communicating with facemasks is more difficult than with no masks. We know that facemasks can muffle speech (Vrij [...]

by Spencer Barley, Auckland University, ADC Intern Introduction Mediation is on the rise in the Pacific. However, there is a distinct lack of research tracking its development. This article explores the current state of mediation in various Pacific nations based on conversations with mediators and professionals in the area. In doing so, this will provide a roadmap of how mediation has developed in the Pacific and an opportunity for engagement with other approaches to mediation and building meditative capacity. [...]

By Ying Xia   On 25 June 2018, the final drafts for the UN Convention on International Settlement Agreements Resulting from Mediation and the corresponding Model Law were approved by the United Nations Commission on International Trade Law (‘UNCITRAL’). This new convention (also known as the Singapore Mediation Convention) will be open for signature on 1 August 2019.1 Most expect this convention to come into force as it only requires three ratifications of the member states, which constitutes a [...]

by Saiesh Kamath 1. Introduction There are various ways of resolving disputes depending on the nature of the dispute, the stage it is in, and the inclination of the parties towards the resolution of the dispute. Some stages of disputes are more amenable to amicable dispute resolution methods like negotiation, mediation, and conciliation, while more advanced disputes may require arbitration. As Frank Sander and Stephen Goldberg have said, “fitting the forum to the fuss” is necessary.[1] This is the [...]

by Karan Kalsi While small relative to international standards, New Zealand's mediation industry has long punched above its weight. This article briefly covers two contemporary trends in the industry. The first is the increased mandating of alternative dispute resolution in industry-specific statute law. The second is the push for “true” cross-cultural competency in both a bicultural and increasingly multicultural context. Brief Context: New Zealand as the “Odd Duckling”  Unlike Australia, the United Kingdom or the United States, New Zealand [...]

Australia’s Alternative Dispute Resolution (ADR) professional community are global pioneers of ADR. The ADR Awards recognise both individual and team excellence and commitment to innovation in the field. Following the cues from previous years’ Shades of Blue and Back to Black, Chic, the 6th Annual ADR Awards held on Thursday, 31 March 2022 went Emerald on the Green, returning live to the stunning venue at the prestigious Australian Golf Club. The venue buzzed with life even before the event proper, with laughter and conversation through the cocktail [...]