Beijing Arbitration Commission

Cultural Differences and Communication in Mediation:Dialogue across the Ocean

Publish time: Tue Oct 23 00:00:00 CST 2007

(9:00–11:30 am, 30 October 2007
International Conference Hall of Beijing Arbitration Commission)

Mediation is a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement. Mediation conforms to the ethical and moral ideology in Chinese traditional culture and is still an important way to resolve disputes in today’s China in the forms of civil conciliation, Arb-Med and conciliation in court. Mediation has its specific advantage in saving costs, reducing the hostility and maintaining social harmony.

Mediation has developed rapidly in the U.S. As an academic subject, the research work on mediation is more profound in the U.S. than in other countries. The Straus Institute for Disputes Resolution of Pepperdine University has been ranked by U.S. News and World Report as the No. 1 dispute resolution program four times in seven years. It owns a number of senior professors and scholars in mediation and is devoted to cultivating talents in mediation and promoting the usage of ADR.

In order to study advanced theories and experience in mediation, improve the professional level of mediators and establish a mediation system that meets the need of Chinese market as well as fits the international practice, the Beijing Arbitration Commission and the Straus Institute for Disputes Resolution are going to co-host this conference. Meanwhile, we have invited senior attorneys from the U.K. to introduce the mediation system in the U.K.. By comparison of the mediation systems and practice in these three countries, we can strengthen mutual understanding and expect further cooperation.

The language of the conference shall be English with simultaneous translation into Chinese. The participants are free to attend this conference. We welcome attorneys, arbitrators, mediators, in-house counsels and other professionals to attend this conference.

The conference will start at 9:00 pm, 30 October 2007 in the International Conference Hall of the BAC at the 16th Floor of China Merchants Tower (No. 118, Jian Guo Road, Chaoyang District,Beijing). If you want to know further information, you can call us at (86)10-65669856-204/220. Ms. Chu Congyan and Mr. Chen Cong will be pleased to help you.

The Deadline for registration is 29 October 2007. Please fax the registration form to 010-65668078 or send emails to chucongyan@bjac.org.cn or chencong@bjac.org.cn.

The Beijing Arbitration Commission
October 23, 2007

Program

Part I

Video Conference

9:00-9:30

Speakers

Linda Meyer (well known U.S. mediator)

1. the roles mediators play during mediation and the techniques they use to help resolve disputes;
2. the kinds of issues that are discussed in mediation (legal issues, factual controversies, the interests of individuals or companies, and other interests);
3. the education, training and selection of mediators.

Prof. Peter Robinson

Prof. Thomas Stipanowich (Moderator)

9:30-9:45

Discussion

9:45-10:15

Speakers

Mr. Yang Zaixue

4. how mediators may help parties to save face and preserve credibility;
5. how mediators explore sensitive personal aspects of the dispute;
6. the legal enforcement of agreements to mediate and settlement agreements reached in mediation by the courts; and
7. protecting confidentiality in mediation.

Ms. Zhang Yuejiao

10:15-10:30

Discussion

10:30-10:45

Coffee Break

Part II

Spot Speech

10:45-11:00

Speakers

Mr. Julian Holloway

Mediation and Adjudication in Construction Fields in U.K.

11:00-11:15

Mr. John Bishop

Mediation Practice in Hong Kong & U.K.

Part III

Free Discussion

11:15-11:30

Moderator

Mr. Qiang Gangliang

 

Model Arbitration Clause Arbitration Clause
All disputes arising from or in connection with this contract shall be submitted to Beijing Arbitration Commission / Beijing International Arbitration Center for arbitration in accordance with its rules of arbitration. The arbitral award is final and binding upon both parties.
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