International Dispute Resolution and Risk Mangement UK Centre & IDRRMI

The International Dispute Resolution & Risk Management Institute (IDRRMI) is an WTO accredited NGO for the setting of the professional standards of international dispute Resolution and risk management services and practitioners. It has established a global network of over 300 legal, dispute and risk management, chambers of commerce, professional organizations and government departments. We have over 900 professional mediation experts to provide international mediation services to over 50 regions globally. IDRRM UK Centre is the branch of IDRRMI in UK. It provides professional services on mediation, arbitration, adjudication, deal making negotiation and risk management services in UK.

Dr. Francis Law, Chairman of IDRRMI

Selana Kong, Managing Director of the IDRRM UK Centre

The IDRRM UK Centre is located in the centre of Llangollen, North Wales.

LL20 8HY, United Kingdom.

Dinas Bran Castle was buildin the 12th Century overlooking Llangollen.

The Steam Train is one of the most popular attractions in Llangollen besides the canal and white water rafting.

In court someone always loses,
In mediation, everyone always wins, ALWAYS.

With all eyes on the impact of Brexit, Covid and International sanctions on global trade and international investments, Dr Francis Law of the International Dispute Resolution Institute reflects on another challenge facing many entrepreneurs – cross border dispute resolution.

We’re creating a mediation culture for businesses to create and claim more value, it's not a zero sum mindset.

What are the benefits of Mediation?

Traditionally, going to court is the most common option, however, many corporate companies are rethinking other options as heightened financial risks are not sustainable. Let’s have a look at what companies do all over the world and how much coporate companies are spending on legal costs.

Demand for legal services in the UK grew 8.7% in 2021 compared with 2020 and was up 6% compared with 2019 – the last pre-pandemic year. It is expected that the global legal spending on services will be at 5-year high at £19.0 million. (Thomson Reuters Report, April 2022).

What are the solutions for reducing legal costs?

1. Inhouse Law Department

In the UK, the annual legal costs will at £13.0 million this year, which is £ 6 million lower than the global average. This is achieved by corporate companies who have an internal law department, keeping 44% of its legal work in-house, compared to the global average of 38%.

2. Mediation

Mediation is an alternative dispute resolution with these benefits. It is the only process that facilitates direct communication and negotiation between parties. It helps to reduce misunderstanding stemmed from cultural, practice, expectation and other differences.

This is the reason why global coporate companies are having their inhouse law-department and introducing alternative dispute resolution to save cost and time. In our experience, mediation is the first option because of its non-monetary benefits which include parties autonomy, safeguarding long-term relationship, improving communication, operation, quality, contractual agreements and protecting reputation and confidentiality.

Francis Speaking to Entrepreneurs and Lawyers

About the Benefits of Medaition

Parties autonomy - In mediation, decisions are made by the parties and not the mediator. It is a process that ensures full parties’ autonomy.

Interests of all parties are fully considered – Relationship, Operation, Reputation, finance situation and all other concerns not limited to the legal issues

Maximization of parties’ interests - The settlement are drafted in ways that are most satisfactory to the needs of parties

Predicable result and finality – Parties control the final outcome and Settlement agreements are legally binding and enforceable across borders.

What is the success rate of settlement?
If the settlement fails, will it cost more time and money for both parties?

The professional mediation services of the IDRRMI are well recognized. According to statistics, more than 70% of the cases were successfully settled through our professional mediation services and our mediation case management services which is about 15-20% higher than the average.

Under our signature Med-Arb services with Hong Kong Centre of International Commercial Arbitration (HKCICA) the remaining 30% of the unresolved disputes will be finally resolved by arbitration, and the entire dispute can be resolved within one to four months, saving 90% of the time and cost compared with litigation

More importantly, it can provide the parties with the most professional and comprehensive dispute resolution services. IDRRMI and HKCICA are two independent professional centers and will supervise the whole Med-Arb process to ensure fairness and impartiality

What kind of disputes are suitable for mediation?

Mediation has been recognized as the most cost effective and efficient dispute resolution for all civil and commercial disputes except for criminal or illegal issues.

Consumer Dispute Categories

Salary overpayments.
NHS claim disputes (sensitive matters, negligence, deaths etc)
Limitations (statue of)
Insurance claims (liability etc)
Vehicle rentals (Damages)
Loan arrears (interest rates/deferment)
Exemptions (NHS treatment)
T’s & C’s – general (auto renewal, interest, late payments etc)

Commercial Dispute Categories

Quality issues
Late deliveries
Contractual issues / no contract
Payment terms or interpretation of
Incoterms
Lack of supporting documentation (He said, She said)
Employee did not have authorisation to enter into an agreement
Previous owner / employee left the organisation (non-limited and limited)
Timeframes for raising disputes
Accepted delivery of goods but refusal to pay as ‘did not order them’
Autorenewal contracts/ T’s & C’s
Goods held in port – ‘I didn’t collect them (still liable though)

When should we kick start mediation?

Some people say that it is more appropriate to mediate after the discovery in the court proceeding. However, the fundamental purposes of mediation are to resolve disputes and safeguard the interests of all parties as soon as possible. So, in my experience, it is usually better to mediate first before proceeding with court discovery.

What if parties do not have any idea about mediation, how can they protect themselves in the mediation process? Should they render additional support from lawyers or other legal professionals in the mediation process?

No worry and be assured that parties can relay on the IDRRMI mediation case management process which is a mechanism with quality assurance similar to court practical direction or rules in litigation. The IDRRMI mediation case manager will supervise the whole mediation process and ensure that it is conducted fairly and professionally. The Case managers will offer full support to all parties throughout the whole mediation process.

Consultation
Invite parties to join the mediation
Recommend the most suitable mediator and expert witness or mediation advocates
Arrange all logistic supports during mediation
Draft settlement agreement
Enforce or convert settlement agreement in accordance with relevant law and rules in different jurisdictions when needed.

The Hong Kong International Mediation Centre (HKIMC) is independent international mediation services Centre established under the International Dispute Resolution & Risk Management Institute which is an WTO accredited NGO for the setting of the professional standards of international dispute Resolution and risk management services and practitioners. It has established a global network of over 300 legal, dispute and risk management, chambers of commerce, professional organizations and government departments. HKIMC have over 900 professional mediation experts to provide international mediation services to over 50 regions globally. IDRRM UK Centre is the branch of IDRRMI in UK. It provides professional services on mediation, arbitration, adjudication, deal making negotiation and risk management services in UK.

Ms Selana is the Executive Director of IDRRM UK Centre. It also connected with IDRRMI.

Who is the Hong Kong International Mediation Centre and how does it ensure the neutrality among parties of different origin?

Hong Kong International Mediation Centre (HKIMC) is a world-renowned mediation Centre. It is an NGO in nature and recognized by many major international organizations. It obliges to the United Nations Convention of settlement agreement resulting from Mediation (Singapore Mediation Convention) and its rule, it has also established mediation rules and code of practice for mediators with many mediation institutes and arbitration institutes. It is a totally independent entity. Besides, unlike any other kind of adversarial approaches, parties are the decision maker while the mediator is a facilitator only and HKIMC also taking the role as the quality assurance. So, you are rest assure that the Hong Kong International Mediation Centre are neutral in all mediation cases and to parties of all country of origin.

What if one party does not perform the agreement terms or defaults?

Unsuccessful mediation will not delay the legal process of the case, let alone jeopardize the final judgment. Because, when parties attempted to resolve their disputes via professional mediation services, IDRRMI mediator will work on reconciling their misunderstandings and differences on their expectations. These will facilitate parties to reduce their confrontation and emotional impact. Leading the parties to develop an educated decision which is to maximize their integrated interests. In the event that a settlement is not reached, matters that need to be clarified in the court can be reduced. These will narrow down their differences. Our experiences indicated that the time for litigation proceedings will be reduced.

What are the special features of the International Mediation Services provided by HKIMC/IDRRMI & IDRRM UK?

1. Have a well-designed mechanism to secure the Judicial Confirmation from PRC court, that facilitate the enforcement of the settlement agreement in Mainland China.

2. Signature Med-Arb services Jointly provided with HKCICA, high efficiency and cost-effective time and Processing time

3. Designated mechanism proven to be helpful in facilitating the understandings the cultural and practices differences among the contractors/ partners in different regions.

Contact

I'm always looking for collaborative and innovative opportunities. Contact Selana Kong to get a 60-minute complementary consultation. Selana specialises in coaching, mediation, corporate governance and negotiation and leadership who makes use of her global network to provide a high standard international professional service for the entrepreneurs in UK and the Europe.

Kind regards,

Selana Kong

Managing Director,

IDRRM UK Centre

Email: uk.admin@idrrmi.org

Tel: +44 7955 043512

Address: Unit 7, The Malthouse Business Centre, Llangollen, LL20 8HS,

United Kingdom

Website: International Dispute Resolution & Risk Management UK Centre – International Dispute Resolution & Risk Management Institute (idrrmi.org)

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