It is generally accepted that, while the use of mediation is on the rise globally, this trend is significantly more pronounced in the West than in Asia. While the modern concept of formal mediation has of course been around for longer in the West, and has had more time to take hold, can this alone explain the disparity? Or does the explanation lie at least partly in how mediation is ‘sold’ ?
Sean Izor, an associate in our Beijing and Hong Kong offices, examines this issue in an article recently published in the Asian Journal on Mediation. In particular, he seeks to identify a number of broad cultural differences in the way individuals approach disputes generally and suggests that practitioners and proponents of mediation would do well to bear these in mind when seeking to communicate the benefits of mediation to Asian parties.
Read the article ‘Selling Mediation in the East – Is there an Asian Way?’ (© Singapore Mediation Centre. Originally published in [2013] Asian Journal on Mediation, 1. Reprinted with permission.)
Key contacts
Simon Chapman KC
Managing Partner, Dispute Resolution and Global Co-Head – International Arbitration, Hong Kong
Kathryn Sanger
Partner, Head of China and Japan, Dispute Resolution, Co-Head of Private Capital, Asia, Hong Kong
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Herbert Smith Freehills LLP has a Formal Law Alliance (FLA) with Singapore law firm Prolegis LLC, which provides clients with access to Singapore law advice from Prolegis. The FLA in the name of Herbert Smith Freehills Prolegis allows the two firms to deliver a complementary and seamless legal service.