Academics in Singapore have identified three crucial factors that influence the chances of success for cases sent to mediation.
The Singapore Management University study found that the courts should consider the timing of referral, the stage of litigation and the level of contentiousness between disputants when deciding whether or not to refer civil disputes to mediation.
Led by Assistant Professors Dorcas Quek Anderson and Eunice Chua of the SMU School of Law and funded by the Singapore Judicial College, the study notes that there is a lack of consensus globally as to the right time or stage that a case should be considered for mediation.
They found that delaying mediation by one month means a 3% decline in the likelihood of a settlement. Opting for mediation at the closing of pleadings, not during later stages, also increased the chance of a successful outcome.
Other factors that affect the success of mediation include a lower quantum of the claim, as well as features of the mediation process itself, such as the time taken to complete the mediation and whether the mediator is legally trained, the study found.
The study was published in the spring 2018 edition of Harvard Negotiation Law Review.
A&O advises on large Southeast Asia agribusiness acquisitions
Allen & Overy has advised Pilmico International on its approximately U$400 million acquisition of a 75% stake in one of Asia’s largest agribusinesses.
Gold Coin operates 20 livestock and aqua feed mills across 11 countries in Asia and the deal is considered the largest outbound acquisition from the Philippines and the largest agribusiness acquisition in Southeast Asia in the last few years.
Corporate partner Alun Evans led the team comprising of counsel David Norman in Hong Kong, senior associate Heather Ong and associate Catriona Chau in Singapore amongst other members of the Allen & Overy team across more than seven offices.
KWM expands Japan practice with global markets hires
Two new partners have joined King & Wood Mallesons in Japan.
Capital markets partners Patric McGonigal and Ryunosuke Ushijima add strength to the King & Wood Mallesons Law Office (Foreign Law Joint Enterprise) following the addition of three new partners and two Japanese counsel in 2016.
The Tokyo office now comprises nearly 20 lawyers including 8 partners and 2 counsel.