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Kliaw

CEO: Mediative approach a critical value in dispute resolution

CEO Sujatha Sekhar Naik discussed SIDREC’s experience on the critical value of the mediative approach in dispute resolution at a panel session at the Kuala Lumpur International Alternative Dispute Resolution Week (KLIAW 2017) organised by Kuala Lumpur Regional Centre for Arbitration (KLRCA). The theme of the event was Redefining ADR: Asia and Beyond. Moderating the session entitled Cross Border Mediations: Opportunities, Challenges and Success Stories was Shanti Abraham of Messrs. Shanti Abraham & Associates. Shanti, a senior mediator and adjudicator (and a member of SIDREC’s panel of mediators and adjudicators), highlighted the need for mediation to become part of the natural language of corporations and their general counsel. She also stressed on the role of lawyers in promoting mediation to their clients. Fellow panelist from the UK, Paul Rose¬† of ArbDB Chambers, spoke on the how culture may impact any mediation session and the value of co-mediators in cross border mediation. All three panelists agreed that pre-mediation preparation was an essential component in a successful mediation.

Sujatha highlighted the need to build collaborative relationships with stakeholders in other jurisdictions to facilitate cross border dispute resolution. She noted that the mediative approach by SIDREC at all touch points had helped resolve many of SIDREC cases, without the need to proceed to adjudication. The independence and impartiality of the ADR avenue, specialist capital market expertise, preparatory work during case management combined with the mediative approach adopted by SIDREC, were instrumental in the success of its ADR.

The three-day event held at KLRCA from May 15 to 17, 2017 attracted some 70 experts from around the world speaking at the sessions or as panelists.