Invitation to a Talk on An Introduction to Mediation by Mr. Choy Kam Lee @ 15.06.2012



The Sub Committee of the Profesional Development / ADR of the Perak Bar Committee will be organising a Talk on "An Introduction to Mediation" as follows.

            Date      :   15.06.2012 (Friday)
            Time      :   3.30pm
            Venue    :   Perak Bar Secretariat
            Speaker :   Mr. Choy Kam Lee,
                              Advocate & Solicitor from Messrs K L Choy & Co.


Kindly call the Perak Bar secretariat to confirm attendance. Light refreshment will be served.

Talk on the Introduction to "The Construction Industry Payment and Adjudication (CIPA) Bill 2011"

A talk on “Introduction to the Construction Industry Payment and Adjudication Bill 2011” is organised by the Kuala Lumpur Regional Centre for Arbitration Centre (KLRCA) to be held in Ipoh as follows:

Date : 05th March 2012 (Monday)

Time : 9.30 am till 1.00 pm

Venue : Syuen Hotel, Ipoh

Admission is free

The deadline for registration is two (2) days before the talk date.

MEDIATION SKILLS TRAINING PROGRAMME

Dear Members of the Perak Bar,

The ADR committee of the Malaysian Bar will organising a Mediation Skills Training Programme on the :-

Date : 24th - 28 April 2010

Venue : Bar Council Auditorium

1st Floor

No. 13, 15, 17 Lebuh Pasar Besar

Kuala Lumpur

Successful participants are required to undertake the following :-

a) to be committed and attend the whole session;

b) shall agree to provide mediation skills training for members of the Bar (shall also agree not to charge the Bar Council any fee in conducting the Mediation Skills Training Programme);

c) to give talks or present papers at various conferences;

d) to assists in Ethics Lecture talks on Mediation;

e) to assists the Committee whenever requested.

There are two places given to each State Bar to send two members (free registration, out station members are to find their own accomodation) Kindly submit your name by 12 noon by the 2/3/2010 to the Perak Bar Committee

Kindly submit your name to the Perak Bar Secretariat before the deadline

Regards,

Perak Bar Committee

ADR REPORT

Chairman : Mr. Choy Kam Lee

The Perak Bar Committee on ADR adjourned the following for the year :-

1. Mediation Skills Training in Ipoh on the 7^th to the 11^th February 2009.Members of the Perak Bar together with members of the judiciary attended the mediation course and I believe they enjoyed themselves. There were 21 participants of which four did not qualify to be mediators after an assessment

2. We also had a few Saturday Training practices for those who wanted to further

sharpen their mediation skills.

3. On the 10^th July 2009, we had a talk on Arbitration under the new Arbitration Act 2005 by My. Sundra Rajoo at the Perak Bar Secretariat. There were 19 members who gave their names intending to attend but on the day of the talk we only had 7 members attending. I hope that when talks are organized more members would attend in future.

Choy Kam Lee

Workshop on Advocacy in Arbitration Proceedings by the Barristers from Lamb Chambers Middle Temple, London

The Bar Council Professional Standards and Development Committee (“PSDC”) in collaboration with the Kuala Lumpur Bar Professional Development Committee (“PDC”) will be organising the abovementioned workshop from 04.02.2010 to 06.02.2010.

The Workshop is designed to give participants step-by-step training on how to conduct and complete an arbitration proceeding. It is specially tailored for members of the Bar with 0-5 years post qualifying experience and pupils in chambers who have a keen interest in arbitration.

About the speakers

Paul Emerson (1984)
London University
Council of Legal Education
Ver Heyden De Lancey Prize in Forensic Medicine
Paul Stewart (1975)
Coleraine Academic Institution
Queen’s University of Belfast BA

Adam Swirsky (1989)
Wellington College Berkshire
London School of Economics – BSc (Econ) and MSc
Polytechnic of Central London – Dip Law
Council of Legal Education – Bar Examination
Derek Kerr (1994)
University of Reading , LLB (Hons)

Matthew Winn-Smith (2003)
MA Law, Regent’s Park College , Oxford
Robin Gist (2004)
Masters in Chemistry, Imperial College , London
Swiss Federal Institute of Technology, Zurich
Prince of Wales Scholarship by Gray Inn

Bernard Pressman (2004)
LLM Corporate & Commercial Law, Kings College , London
Bar Vocational Course, Inns of Court School of Law , London
Elizabeth Dwomoh (2005)
Université Panthéon–Assas Paris II, Diplôme de Droit Français
University of Dublin , Trinity College , LLB (Hons)
Inns of Court School of Law , BVC



Date : 04.02.2010 to 06.02.2010
Time : 9.00am to 5.30pm
Venue : Bar Council Auditorium
1st Floor
Nos. 13 – 15
Leboh Pasar Besar
50050 Kuala Lumpur

Registration Fee
Members of the Bar RM750
Pupils in Chambers RM550
Non-Members RM850

Please complete and return the registration form together with registration fee to the Kuala Lumpur Bar Secretariat to confirm attendance. For registration information, please call Melissa 03 – 26920745.

Payment can be made by cheque or cash. Cheques should be made payable to “Kuala Lumpur Bar Committee”. Payment must be made in advance of the Workshop. Please add RM0.50 for outstation cheques.

There are limited places available and registration is on a first-come, first-served basis.

TALK ON ARBITRATION ACT 2005

Dear Members of the Perak Bar

Re : Talk On Arbitration Under The New Arbitration Act 2005

Speaker : Mr. Sundra Rajoo

Venue : Perak Bar Secretariat

Date : 10^th July 2009

Time : 3.00p.m

Synopsis Of The Talk

Malaysia saw a major overhaul of its arbitral regime with the enactment of the Arbitration Act 2005 (Act 646) which came into force on 15th March, 2006. The Act applies to all arbitrations commenced after that date regardless of when an arbitration agreement is entered into.

It is based on the UNCITRAL Model Law on International Commercial Arbitration, which repeals and replaces the Arbitration Act 1952 (Act 93), and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act 1985 (Act 320), which implemented the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.

The talk will discuss the law by way of an overview of the provisions, changes and practical impact brought about by the 2005 Act. It will examine the tactical, procedural and legal issues relevant to arbitration, consideration of key cases and references to the interaction of the 2005 Act with the arbitral process.

About the Speaker

Sundra Rajoo is a Chartered Arbitrator, Advocate and Solicitor. Earlier, he had practised as an Architect and Town Planner. He has been appointed as chairman, co-arbitrator of three-man arbitral panels and sole arbitrator in international and domestic arbitrations. He is currently a visiting Associate Professor at Universiti Teknologi Malaysia.

He is the founding and current President of the Society of Construction Law (WP & S), past Chairman of the Chartered Institute of Arbitrators Malaysia Branch and past Deputy President of the Malaysian Institute of Arbitrators. He is also a past Council Member of Pertubuhan Arkitek Malaysia. He won the Annual Prize, North-East Branch in 1996 and the Cedric Barclay Prize in 2002 of the Chartered Institute of Arbitrators, United Kingdom.

He is the author of The Law, Practice and Procedure of Arbitration, 2003, The Malaysian Standard Form of Building Contract (The PAM 1998 Form), 2nd Edition, 1999, the Arbitration title of the Halsbury Laws of Malaysia, 2002 which were all published by Lexis Nexis. He also co-authored with WSW Davidson, The Arbitration Act 2005: UNCITRAL Model Law as applied in Malaysia, 2007, Sweet & Maxwell.

Kindly RSVP to the Perak Bar Secretariat by 8^th July 2009 as refreshments will be served.

Kindly RSVP as requested so that the talk can be held as scheduled.

Thank you.

Yours sincerely,

Choy Kam Lee

Chairman

ADR Sub Committee

MEDIATION SKILLS COURSE

Dates: 07/02/09-11/02/09

Venue: Heritage Hotel

Course leaders: Salli Browning & Bianca Keys (The Accord Group, Australia)

I signed up for the mediation skills course upon my father’s gentle persuasion. However, I was initially hesitant because of the thought of being the youngest participant in the room. Also, my status as a lowly chambee would be immediately noticeable. Nevertheless, I packed up my bags and set off to start the first day. Upon arrival, it was interesting to note that most or all the participants were slightly uncomfortable and nervous as to what to expect. We had a mix of participants consisting of judges, lawyers and even a medical specialist. At this point, I believe we were all wondering as to what we had gotten ourselves into. What was this strange creature called mediation? After all, was it not our ‘friend’ litigation that had been standing with us through thick and thin?

The course consisted of lectures, role-play sessions and discussions. Lectures were a useful tool in teaching us about the different stages in mediation i.e. opening statements, agenda setting, understanding stage, agreement stage etc. Role-play sessions meant that each person was allocated a role either as one of the disputants or as mediator.

There were some who took to their role-plays like a duck to water while others took some time to warm up. However, by the third day, everyone had loosened up and embraced their roles wholeheartedly. There were certainly Hollywood actors and actresses in the making. Interestingly enough we had our own version of the Oscar award, which was named Toscar and it was awarded to the person who in our opinion acted most realistically in their role plays. *drumrolls* Toscar was awarded to Mr F.N. Yoong who is by profession a medical specialist. Who knew that doctors could be good actors? In relation to discussions and debriefing of our role-plays, our course leaders were excellent teachers who were always eager to answer any questions we had. They made certain that any queries and concerns were addressed. In addition, our local coaches were a great help especially in providing constructive feedback. They were supportive of us all throughout the course.

Also from these role-play sessions, we quickly learnt that our role as a mediator is to facilitate the mediation process and to help the parties find a mutually acceptable solution to their dispute. However, the difficult part in achieving the above is that we are not allowed to advise the parties. What does that mean? It seemed such a foreign concept for us lawyers. Admittedly we were tempted to advise the parties during our mediation sessions but had to quickly bite our tongue. If we lawyers found it difficult, what more for the members of the bench who in their roles as mediators had to resist the urge to give orders to the parties and expect them to obey. In addition, contrary to what others might think, the course was not all gloom and doom and if anything was the complete opposite. The days were always injected with smiles and laughter. Yes it was definitely a lot of hard work; we had the dreaded assessment on the very last day. However, I believe everyone involved had a great time in learning new skills and how to apply them. I know I did. Furthermore, I felt welcomed by everyone and had no trouble interacting with senior practitioners and members of the judiciary. It was indeed an eye-opening experience. Therefore, I encourage anyone who is interested in mediation to seriously consider participating in the next mediation skills course. It will be well worth your money and time.

At the end of the course, we are proud to say that mediation is no longer a stranger to us. We now know that mediation is a viable and often a better alternative to litigation. Indeed, in many circumstances, mediation can help preserve relationships and save both parties the expense, time and stress of going to court. Also, compared to litigation, mediation is quick, private, fair and less expensive. Hopefully, the public shall be made more aware of the possibility of using mediation as a tool to settle disputes. In doing so, this should reduce the backlog of cases in courts. All in all, I believe that we are heading towards the right direction. Of course as with anything, it requires practice and experience. No one can really expect any of us to come out from this forty hour course as perfect mediators. However, what they can expect us to come out with is this: we now have the necessary skills and understanding to equip us in our quest to become exceptional mediators. We shall persevere.

Submitted by Julia Tang

FAMILY MEDIATION COURSE

The Bar Council Malaysian Mediation Centre (MMC) will be organising the above Course to better enhance the skills of Mediators in family cases. The details of the Course are as follows :-

Date: 21-23rd July, 2008

Time: 8.45am-5.30pm (tbc)

Venue: Bar Council Auditorium Trainers:

a) Prof. Don Peters - Director, Institute for Dispute Resolution & Professor of Law at
the University of Florida Levin College of Law.
b) Dr. Martha M Peters – Director Academic Achievement Program, University of Iowa College Of Law

The programme details will be forwarded to the participants in due course.

Should you require any further information, please contact Marianna or Cik Mazni at Tel. No.: 03-20313003 extns.: 148/101