AI Magazine Issue 1 2018

36 Acquisition International - Issue 1 2018 Hong Kong based law firm Sit, Fung, Kwong & Shum has over ninety members, all of whom work towards providing their clients with the very highest standards of support and service. Sylvia W. Y. Siu, JP, who has been recognised as Most Influential Woman in Alternative Dispute Resolution 2017 - Hong Kong in our prestigious 2017 Global Excellence Awards, talks us through the firm, its service offering and her role in its phenomenal success. ince its inception in 1981, Sit, Fung, Kwong & Shum has grown to become one of the major local law firms in Hong Kong. Today, the firm offers a wide spectrum of practice areas including corporate and commercial, intellectual property, dispute resolution, conveyancing and probate, trusts, and information technology. Sylvia explores her role in the firm and how she works to meet the exceptionally high standards her clients have come to expect. “Personally, I am a Consultant of Sit, Fung, Kwong & Shum, handling litigation, arbitration and mediation cases. Since joining the firm in 1986, I have been guided by the motto ‘Serve clients respectfully, apply law professionally, and render work effectively.’ ” Sylvia obtained a Master in Business Admission from the University of Santa Clara, USA as well as a Master in Law from the University of Hong Kong. She became a member of the China-Appointed Attesting Officers; Accredited Mediator of the Law Society of Hong Kong, Hong Kong International Arbitration Centre, Hong Kong Mediation Centre, CEDR (UK), Hong Kong Mediation Accreditation Association Limited; Mediator on panel of CCPIT, Dongguan Court, China & Macau Arbitration Center; Arbitrator of CIETAC, HKIAC, Wenzhou, Guangzhou, Huizhou Arbitration Commission etc; Member of Department of Justice’s Working Party on Mediation; Founding President of China Chapter of Club Espanol del Arbitraje; Member of Department of Justice’s Working Party on the Reform of Arbitration Ordinance; Past President of Hong Kong Mediation Centre; Past President of Hong Kong Federation of Women Lawyers. “Since 1984, I have been a practicing solicitor in Hong Kong, and admitted (although not practicing) as solicitor in the Supreme Court of the UK, Barrister and Solicitor of The Supreme Court of the Australian Capital Territory, & Advocate and Solicitor of The Supreme Court of Singapore. Frequently, I am invited as a speaker at international ADR Conferences and a lecturer in ADR. Also, I enjoy the interchange of knowledge and insight with industry peers.” Though commonly mediation is an optional method of resolving disputes between litigious parties, Company: Sit, Fung, Kwong & Shum Contact: Sylvia W. Y. Siu, JP Address: 9/F, York House, The Landmark, 15 Queen’s Road Central, Hong Kong Phone: +852 2909 7318 ; + 852 5118 8388 Email: [email protected] [email protected] Dedication toMediation S 1801AI39 in Hong Kong, attending mediation is highly encouraged in most civil proceedings. In fact, in Hong Kong mediation is now an integral step to the legal process. All litigation lawyers are required to inform clients of the option and desirability of resolving disputes by mediation. Although mediation was introduced as a voluntary process by Practice Direction 31 issued by the Judiciary, it is mandatory for all litigation lawyers to inform clients of the option and desirability of resolving disputes by mediation. Parties who refuse to or do not attempt mediation without good cause may be penalized with costs sanctions. Various other practice directions have since been issued by the Judiciary for different types of civil proceedings, such as Family, Personal Injuries, Employees’ Compensation, Probate and Administration of Estate and Compulsory Sale under the Land Ordinance. Additionally, the Mediation Coordinator’s Office has been set up at the High Court by the Judiciary to enable and assist the general public with the mediation process, by providing them with informative videos and reading materials. As such, Sylvia is proud to offer this service and support her clients through often incredibly tough times, as she discusses. “Mediation has definitely grown in popularity, throughout East Asia and is now not only in common law jurisdictions. In fact, the practise of mediation has been around for a long time in China. Nowadays, mediation has changed and is now conducted in a much more structured way; mediators are trained and accredited. The mediator, an independent third party would facilitate the mediation process, with private session and joint sessions, and would observe confidentiality and use of mediation skills such as reframing, BATNA & WATNA, as well as various questioning techniques.” To promote a culture of best practice and professionalism in mediation, the Hong Kong Mediation Accreditation Association Limited (HKMAAL) was established in 2012. It is tasked to set standards and accredit mediators, supervisors, assessors, trainers, coaches and other professionals involved in mediation in Hong Kong upon passing the assessments.

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