Mediation Academy
Mediation Academy (I) Exploring the Basics: Concepts, Methods, and Techniques

Background

In recent years, mediation has emerged as a highly efficient and collaborative method for resolving conflicts, standing in contrast to the complexities often associated with traditional litigation and other alternative dispute resolution methods, most notably arbitration.

However, it's worth noting that mediation in Asia currently faces challenges related to its infrastructure, especially as it pertains to the availability of trained and qualified mediators, and the level of awareness and acceptance of mediation as a viable method for conflict resolution among the general public, legal professionals, and businesses.

This observation became apparent through the experiences of the German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG), specifically its Mediation Center (CMC), which was established in 2022. As part of its initial activities, the CMC organized and hosted two conferences, with the support of the Hanns Seidel Foundation (HSF) Thailand Office. These conferences included a national event titled “Strengthening Mediation in the Thai Legal System” and an international gathering named “Bringing Mediation To The Fore in Asia.”

In light of the lessons gleaned from these two conferences, CPG opted to merge two of its primary focal points: mediation and the planning and execution of high-quality academies. The aim was to establish an academy that would provide a comprehensive introduction into the basic concepts, methods, and techniques of mediation, with the teaching schedule and quality on par with courses offered by mediation centers both regionally and internationally.

Applications and candidate selection

Out of a total of 55 applications received, the academy aimed to maintain high teaching standards and foster genuine engagement and interaction. Consequently, the academy offered a limited number of places, accommodating a maximum of 20 participants.

However, unforeseen circumstances led to the cancellation of participation by some selected participants on short notice. As a result, a total of 17 participants from seven different countries ultimately took part in the program. These countries included Myanmar (7 participants), Thailand (4 participants), Cambodia (2 participants), with Malaysia, The Philippines, Sri Lanka, and Nepal each represented by one participant.

These participants came from diverse professional backgrounds and institutions. They included representatives from the United Nations Economic and Social Commission for Asia and the Pacific, law students from Thammasat and Chulalongkorn universities in Thailand, an Adviser at the ASEAN Centre for Sustainable Development and Dialogue, lawyers, as well as NGO representatives.

Two notable participants deserve mention: Jamaloddin P. Muti, nominated by the HSF Office in the Philippines, holds the position of Division Chief (Development Management Officer V) in the Peace Building and Conflict Resolution Division at the National Commission on Muslim Filipinos - Northern Mindanao.

Furthermore, Ly Nhokchin, a participant from Cambodia, shares a professional connection with Savada Prom at the R&T Sok & Heng Law Office. It's worth noting that Ms. Prom had previously attended the “Mediation in the Emerging ESG Market: Unlocking the Potentials of Mediation for ESG-related Supply Chain Due Diligence” workshop, which was jointly organized by CPG and CMC, with support from the HSF Thailand Office.

Regarding gender representation, the academy aimed to ensure diversity. Eight male and eleven female participants were selected, underscoring CPG's commitment to providing equal opportunities for women to access knowledge and resources.

Instructors

As to the instructors, the organizers of the academy tapped into a network that had initially taken shape during the two conferences held in 2022 and invited the following individuals to join CPG staffers Henning Glaser and Lucas Meier as lead instructors:

• Iram Majid, Director of the Indian Institute Of Arbitration and Mediation and Executive Director at the Asia Pacific Centre for Arbitration and Mediation (APCAM).

• Thaevan Uthaivath, a certified mediator and instructor at the Thailand Arbitration Center (THAC).

• Artit Pinpak, Head of International Affairs and Academic Networks at the Thomas Aquinas School of Law, Assumption University of Thailand, and a certified mediator and instructor at THAC.

In addition to the core instructors, the lineup was further enriched by the contributions of:

• Luca Bernardinetti, Managing Director and Chairman at Mahanakorn Partners Group; and

• Jason Tower, who serves as the Country Director for the Burma program at the United States Institute of Peace (USIP).

Notably, Ms. Majid and Mr. Bernardinetti had also participated in one of the two conferences organized in 2022, as well as in the Mediation in the Emerging ESG Market: Unlocking the Potentials of Mediation for ESG-related Supply Chain Due Diligence” workshop held in October this year.

Photos