Singapore News – More firms opt to mediate first
Em várias partes do mundo as empresas reconhecem as vantagens de recorrerem á mediação de conflitos para resolver os seus problemas comercias. Prática já muito desenvolvida nos Estado Unidos, na Austrália e em Inglaterra,é agora a vez de Singapura de colocar a Mediação na base da pirâmide de resolução de conflitos comerciais. O testemunho de um CEO de um hospital que nos indica como a Mediação contribuiu para a satisfação dos seus pacientes e ao mesmo tempo para a redução dos custos jurídicos do hospital..
Vários advogados me confessaram “Ana! se eu sugiro á outra parte uma mediação o meu colega vai logo pensar que o meu caso não vale
nada!” ou seja, a proposta de mediação por uma das partes, aquando de um litígio comercial, é vista como uma fraqueza. Esta é a nossa realidade… Mas não perco a esperança de que um dia este mesmo advogado chegue á conclusão de que não perde nada de propor uma mediação ao seu cliente! o recurso ao Tribunal será sempre possível, e seguramente mais caro, mais moroso e sobretudo com uma
solução exclusivamente legal, quando todos nós que trabalhamos no mundo empresarial sabemos quão longe estas decisões exclusivamente jurídicas estão do mundo dos negócios!!!
Aqui segue o artigo de Monica Kotwani no Singapora News.. Boa leitura! Ana
SINGAPORE: Twenty-six organisations from industries such as transport, property and health have signed the Singapore Mediation Charter, pledging to consider mediation as a first resort in resolving disputes.
The charter is an initiative by the Singapore Mediation Centre (SMC), which has seen an increase in the number of mediation cases.
Some disputes arise over differences in the perceived nature of treatment given to patients, while others arise over an unwillingness of home sellers to pay the agreed commission to their real estate agents. These are just some of the disputes the SMC hopes can be settled through mediation, rather than battling it out in court.
SMC has about 300 mediators, a mix of those with a legal background and others from industries such as banking, engineering and accountancy. They have all undergone mediation or conflict-resolution training.
SMC executive director Loong Seng Onn said: “These leading companies are willing to go out there, and publicly say, ‘Look, if we’re involved in a dispute, we want to consider mediation first’.
“I think this is really important because in disputes, sometimes parties do not want to be the first to suggest mediation. Some people fear that ‘If I suggest mediation first, people may perceive that I have a weak case’.
“Now, with this public statement, it’s out there. If I’ve got a dispute, I’ll say ‘I’m going to consider mediation because I’ve made a public pledge.’
“It’s also part of good corporate governance. We all know how painful, how lengthy, how resource-sapping litigation is. Mediation is also important if you are in a business of wanting to project an image where you are customer-friendly.
The SMC has been around since 1997, but it said mediation in an institutionalised form is still not as mature as it is in countries such as the US and Australia.
As such, there is still a lack of familiarity with the process. Still, it said the number of cases it handles is on the rise – having mediated 118 cases last year, compared to 49 in 2005. Since 1997, it has handled some 2,000 cases, with claims totalling more than S$2.69 billion.
The amount is a cumulative calculation based on the fact that the fee charged by SMC to handle the mediation is based on the amount in dispute between parties.The centre also provides mediation training to companies and organisations.
Tan Tock Seng Hospital was one of the organisations which attended the training in 2006. Tan Tock Seng CEO Philip Choo said: “We’ve now picked up the skills on how to communicate, how to see issues from both parties’ sides, how to come to an agreement on some of the common areas.”And we’ve used it on our own with any issues with our patients and our families. And we’ve been pretty successful at it.”
Professor Choo said mediation has helped reduce the hospital’s legal fees over the years, even as it sees more patients.Organisations that signed the charter include ComfortDelGro, the National Healthcare Group and ERA Realty.
ERA key executive officer Eugene Lim said most disputes in the industry are over differences in expectations, with the typical dispute involving customers who are unwilling to pay their agents the fees agreed upon. Mr Lim added with the industry now regulated under the Estate Agents Act, mediation process is a mandatory first resort, while arbitration and litigation are considered a last choice.
Moving forward, SMC said it wants to reach out to the next generation of lawyers. It is working with the Singapore Institute of Legal Education in running a mediation-skills elective module, for the first time, at the Preparatory Course leading to Part B of the Singapore Bar Examinations.
