From the inaugural session of Sage Lab, one thing was certain: Mr Iu Ting-kwok, MH, or “TK” as he prefers, is a humble man who walks the talk. TK has been a mediator in Hong Kong for over a decade and has mediated hundreds of disputes. Even though he is now highly sought after for private mediations, he continues to be actively involved in pro-bono work, which includes advising the Hong Kong courts on international mediation developments. His wisdom was as invaluable as his example was inspiring. Here are some of our personal takeaways from the talk:
- Connecting with the Parties is Paramount to the Success of a Mediation
A stand-up comedian friend once confided in TK, “For the first 5-10 minutes, the audience must like you, or at least not dislike you. Otherwise, none of the jokes uttered by you will be funny to them.”
The “likeability” of a mediator is not just about personal connection. Likeability could be developed and this, for TK, meant spending time to research about the parties, understanding their background and reading their writings (if any). Such information helps him appreciate the context of the parties’ perspectives, allowing him to then frame every communication sensitively and purposefully to foster a personal connection with each party. “Tell parties your life stories; they must not feel like you are selling a product or service. Be authentic throughout the process and be genuinely interested to help the parties.”
- Everyone Deserves the Same Level of Respect
TK admits that establishing such a connection with everyone during a high stakes international mediation can be challenging. The parties typically attend the session in a larger group and have their own internal team dynamics. This adds another layer of complexity, making it difficult for a mediator to uncover the influencers and decision-makers and decode the delegation’s internal decision-making process. TK believes that to manage such mediations well, addressing each and every representative at the table with utmost respect and ensuring they feel valued is key. “A representative may be the youngest or the lowest ranked of the delegation sitting at the end of the table, but he or she may be the ear of the boss. If you are perceived to have shown preferential treatment to others, you would have sabotaged yourself.”
When parties or even their lawyers are convinced that you are an effective and sincere mediator, they are more likely to recommend your services to others. Indeed, in an increasingly integrated global economy, word of mouth references are a powerful way for both young and experienced mediators to build their client base, and TK personally attributes a large part of his success to this.
- Persevere, Practise, and Learn at Every Opportunity
It took TK 7 years after he was accredited to receive his first mediation assignment. TK stresses the importance of being resilient as a newly accredited mediator and continuously sharpening our skills during this period. One way to do this is to shadow more experienced mediators during their sessions, even at a personal cost. After all, it is only when you are inside the room that you can observe and learn first-hand about the unique challenges of conducting a mediation.
- Grow through Collaboration
One of the biggest mistakes TK observed young associates make was to make enemies around them instead of friends. “Your reputation will precede you. What do you want potential clients to see when they do a simple Google search on you?” TK emphasised that if we viewed the world with an integrative lens, we would always see value in helping others. With a longer career journey ahead for the younger students, one could never know when we would one day need the assistance of others in return.
Reflecting on the perception that Singapore and Hong Kong were in a competitive relationship to be the Asian Alternative Dispute Resolution hub, TK felt that parties rarely determined the venue of the mediation based purely on the jurisdiction. Both Singapore and Hong Kong have strong reputations for corporate governance and stable rule of law. The more important preceding factor tends to be whom the parties feel is suitable to serve as a mediator, and the venue tended to be wherever would be the most convenient for the mediator and the parties. TK believed that there was much more to gain if Hong Kong and Singapore exchanged skills and knowledge so that practitioners in both jurisdictions could more effectively serve mediation clients. Because of physical and cultural proximity, Hong Kong would be attractive to Chinese businesses and Singapore would be the same for Southeast Asian disputants.
- Not a Time for Complacency
TK was sanguine about the buzz over the Singapore Convention on Mediation. While recognising that it was a momentous sign that mediation was coming of age, TK highlighted that there is still much to be done. In Hong Kong, there are still too few young people invested in mediation as a career. Amongst the practitioners, there are many distractions that reduced the available time and energy to deepen their mediation skills and grow the industry together.
TK complimented Team Singapore on the success of our efforts in globalising our presence through the active participation in international ADR competitions. For whatever reason, Hong Kong universities have been much less active in this aspect. These are lost opportunities to interact and learn from their peers in other jurisdictions. TK eagerly anticipated the time when more bright minds would join the mediation scene and diversify the mediation talent pool. An infusion of new ideas and perspectives will expand mediation’s potential and contribute powerfully to global peace efforts and even environmental sustainability challenges.
Sage Lab is an open platform through which we hope to create a vibrant and youthful community where the latest conflict management ideas can be shared, debated and encouraged. Sage Lab speakers do not receive a fee and all students can attend Sage Lab sessions for free.
We are very grateful to TK for his precious time with us at Sage Lab, for the SMU Mediation & Negotiation Club for working closely with us to ensure that Sage Lab is a huge success, for the Singapore International Mediation Institute and the NUS Collaborative Dispute Resolution Club assisting us in passing word around, and for all attendees for their support in joining us for Sage Lab.
If you are interested to attend a future edition of Sage Lab, please follow us on our LinkedIn or Facebook for updates. Or if you wish to give an interesting talk relating to conflict management, contact us or email us!
Written by: Rozalin Mohanty of SMU Mediation & Negotiation Club and Samantha Lek of Sage Mediation
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