Season’s Greetings from Natalia Cheung for 2012-2013

 

Dear all,

 

Season’s Greetings from Natalia Cheung for 2012-2013

I sincerely wish you a Merry Christmas & a prosperous New Year 2013 !

For further information on mediation, please contact Ms. Natalia Cheung 

[(852)-6777 5767]

E-mail: natalia@plaw.hk
Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., HK Solicitors & Notaries & Civil Celebrants of Marriages

   

Settlement Agreement for Mediation

Settlement Agreement

I am Natalia Cheung, a Hong Kong International Arbitration Centre (HKIAC) Accredited Mediator and a practising solicitor in Hong Kong.

I would like to share with you some information on settlement agreement which the disputed parties may enter into upon mediation.

For a commercial dispute, the settlement agreement should generally contain the following:

(1)    Identification of the Parties

(2)   Brief description of the dispute

(3)   Settlement in full or in part

(4)   Settlement terms

(5)   Settlement sum and provision of interests

(6)   Time and method of payment of settlement sum

(7)   Mechanism of default of payment

(8)  Discontinuance or withdrawal of the existing    legal proceedings

(9)   Legal costs

(10)  Mediation costs

(11) Governing law and jurisdiction

(12) Signatory, his status and authority

For further information on mediation, please contact Ms. Natalia Cheung 

[(852)-6777 5767]

E-mail: natalia@plaw.hk

Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., HK Solicitors & Notaries & Civil Celebrants of Marriages

  

HK Judiciary- Judgments related to Mediation

HK Judiciary- Judgments related to Mediation

I am Natalia Cheung, a Hong Kong International Arbitration Centre (HKIAC) Accredited Mediator and a practising solicitor in Hong Kong.

I would like to share with you that a database of judgments/reasons for decision related to mediation is maintained by the Hong Kong Judiciary. The database can be accessed at: http://mediation.judiciary.gov.hk/en/judgements.html

For further information on mediation, please contact Ms. Natalia Cheung 

[(852)-6777 5767]

E-mail: natalia@plaw.hk
Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., HK Solicitors & Notaries & Civil Celebrants of Marriages

   

Mediation for Labour Disputes

Dear all,

Mediation for Labour Disputes

I am Natalia Cheung, a Hong Kong International Arbitration Centre (HKIAC) Accredited Mediator and a practising solicitor in Hong Kong.

I would like to share with you some information on mediation for disputes in employment matters.

Appointment of mediator or mediation board

Under section 11A of the Labour Relations Ordinance (Cap. 55) (“Ordinance”), laws of Hong Kong, where a trade dispute exists and whether or not ordinary conciliation or special conciliation has been attempted, the Commissioner for Labour may appoint a mediator or a board of mediation consisting of at least two persons to mediate the trade dispute.

Section 2 of the Ordinance defines “trade dispute" as any dispute or difference between employers and employees, or between employees and employees, connected with the employment or non-employment, or the terms of employment, or with the conditions of or affecting employment, of any person.

Powers of Mediator

Under section 11B of the Ordinance, the mediator appointed is empowered to inquire into the causes and circumstances of a trade dispute and may –

(a) visit premises where parties to the trade dispute or other interested parties are employed or carry on business;

(b) conduct interviews with the parties to the trade dispute or other interested parties;

(c) make observations or do such other things which the mediator considers will assist in mediating the dispute; and

(d) make recommendations in public or in private to the parties concerning the settlement of the trade dispute.

Privileged communications

Under section 11D of the Ordinance, any communications between the parties to the trade dispute and the mediator shall not be admissible in evidence in proceedings before an arbitration tribunal or a board of inquiry, except with the consent of the person who gives such information.

 

For further information on mediation, please contact Ms. Natalia Cheung 

[(852)-6777 5767]

E-mail: natalia@plaw.hk

Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., HK Solicitors & Notaries & Civil Celebrants of Marriages

     
  

Overcome Deadlocks in Commercial Disputes Mediation

Dear all,

Overcome Deadlocks in Commercial Disputes Mediation

I am Natalia Cheung, a Hong Kong International Arbitration Centre (HKIAC) Accredited Mediator and a practising solicitor in Hong Kong.

I would like to share with you some information on overcoming deadlocks during mediation of commercial disputes.

The following is some common causes of deadlocks in commercial disputes, and the suggested solutions to overcome the deadlocks.

Evidential issue

Cause:

In some cases, representatives of corporate parties at mediation meeting may not be the persons who are directly involve in the dispute. They may then be unfamiliar with or may have little knowledge of the facts or background or the key evidence of the dispute.

This evidential issue may put the parties in a situation where they are not ready or are unwilling to offer or accept settlement proposals.

Solutions:

Parties may be invited to voluntarily disclose the facts and evidence relevant to the dispute during mediation.

 

If such voluntary disclosure is refused, parties can be suggested to adjourn the mediation until further facts or evidence is disclosed through the discovery process or exchange of witness statements under the rules of court.

Legal issue

Cause:

Sometimes when the parties do not have sufficient or proper understanding of their legal rights or positions, they may then become very entrenched in their legal rights and positions. E.g. Parties hold an unrealistic expectation that they would definitely recover all their costs and expenses if they win in the court case. Corporate parties may also overlook the adverse impact that court proceedings may bring to the operation and reputation of their businesses. 

Solutions:

Bring up issues for the parties to discuss with their legal representatives during waiting time.

Suggest parties to seek legal advice so as to enable them to have a more realistic assessment of their legal positions and rights before making any decision on a settlement proposal.

 

Authority issue

Cause:

It is not uncommon that the parties who attend mediation on behalf of their corporations only have limited authority or even no authority to settle the dispute.

 This is particular the case for some large and/or multinational corporations e.g. banks, large insurance companies, listed companies in which their decision making process involve complex and various procedures and personnel.

Solutions:

Ensure corporate parties to attend the mediation with proper and full authority to settle the dispute in full or in part before commencement of mediation e.g. by requesting for board resolution or authorization letter from the corporation.

Suggest parties to seek permission/authority from their corporations to consider and accept/reject a settlement proposal on the mediation spot through email or telephone.

Suggest parties to agree to continue to mediate, and to record within their limited authority to mediate or settle the dispute.

 Adjourn the mediation until the corporation has granted sufficient authority to the attendees of the mediation to mediate and settle the dispute.

Capacity issue

Cause:

Sometimes, corporate parties may have financial difficulty in complying with the settlement proposals eg. payment terms.

Solutions:

Help parties to ascertain their financial capacity and difficulties in fulfilling the settlement proposal. 

Suggest parties to reach consensus on some essential settlement terms first and then discuss the details of the settlement proposal like payment by installment or payment schedule within a reasonable timeframe.

For further information on mediation, please contact Ms. Natalia Cheung 

[(852)-6777 5767]

E-mail: natalia@plaw.hk

 

Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., HK Solicitors & Notaries & Civil Celebrants of Marriages

   

 

Disclaimer: The above is for your information and reference only. The contents do not constitute legal advice or a substitute for legal advice in individual cases.

 

Understand BATNA and WATNA for Mediation

Dear all,

Understand BATNA and WATNA for Mediation

 

I am Natalia Cheung, a Hong Kong International Arbitration Centre (HKIAC) Accredited Mediator and a practising solicitor in Hong Kong.

I would like to share with you some information on BATNA (Best Alternative to a Negotiated Agreement) and WATNA (Worst Alternative to a Negotiated Agreement) in mediation.

 

In preparing for negotiation and considering settlement proposals in mediation, solicitors and/counsel can help clients to examine and consider their BATNA and WATNA.

 

BATNA

What are the best outcomes for clients or the best circumstances the clients would be put into if they do not settle the dispute with the other side.

 

Clients should be advised to evaluate whether the opposing party has a strong or weak BATNA to enable them to better understand their positions and negotiating strengths.

 

Any settlement proposal which is better than a party’s BATNA should be accepted.

  

WATNA

What are the worst outcomes for clients or the worst circumstances the clients would have to face if they do not settle the dispute with the other side.

Through understanding WATNA, clients’ attention would be more likely to shift from what they have to compromise in the negotiated agreement to what they could benefit from it.

 

This also helps clients to avoid accepting an inadequate settlement offer. Any settlement proposal which is worse than a party’s WATNA should be rejected.

 

For further information on mediation, please contact Ms. Natalia Cheung 

[(852)-6777 5767]

E-mail: natalia@plaw.hk

Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., HK Solicitors & Notaries & Civil Celebrants of Marriages

 

 

 

 

Disclaimer: The above is for your information and reference only. The contents do not constitute legal advice or a substitute for legal advice in individual cases.

 

Ways To Enhance Negotiating Power In Mediation

Dear all,

Ways To Enhance Negotiating Power In Mediation
 

I am Natalia Cheung, a Hong Kong International Arbitration Centre (HKIAC) Accredited Mediator and a practising solicitor in Hong Kong.

I would like to share with you some information on negotiation in mediation.

 

Mr. Roger Fisher, a co-author of “Getting To Yes: Negotiating Agreement Without Giving In” outlined in his work “Negotiation Power” that the following 6 kinds of power, when properly recognized and utilized, can significantly enhance a party’s negotiating power.

You may therefore consider developing an understanding of these powers and utilizing them for facilitating negotiation process and improving negotiation outcome in mediation.

1^st: Power of Skill & Knowledge

Be familiar with the facts of the disputes, the issues to be negotiated, the rights and interests and the financial, businesses and the personal circumstances of the parties involved in disputes.

 

2^nd: Power of Good Relationship

Establish a well-deserved reputation for honesty and integrity. Attempt the negotiation process in good faith and frankness as gesture to avoid engaging in a hostile relationship with the other side.

 3^rd: Power of Good Alternative To Negotiation

Develop a readily alternative solution to the disputes in case the negotiations fail.

4^th: Power of Elegant Solution

 

Develop as many options as possible, creative options that work for the interests of both parties should be explored and examined.

 

5^th: Power of Legitimacy (Fairness)

 

Develop a set of standards (legal precedent, trade practice or public policy considerations) which demonstrate legitimacy/fairness of any settlement proposal, and communicate such standards to the other side in mediation.

 

6^th: Power of Commitment

 

Formulate an offer which maximize the cumulative impact of each of the above 5 sources of power.

 

Only make a negative commitment (e.g. a threat to leave the negotiation table or indication that no agreement is acceptable) as the last resort.

 

For further information on mediation, please contact Ms. Natalia Cheung 

[(852)-6777 5767]

E-mail: natalia@plaw.hk

 

Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., HK Solicitors & Notaries & Civil Celebrants of Marriages

   

Disclaimer: The above is for your information and reference only. The contents do not constitute legal advice or a substitute for legal advice in individual cases.