George Lim discusses how Singapore has carved a niche for itself as a major mediation centre for the world community with the aim to promote harmony.

BY SHWETA PARIDA

As one of the world’s most highly regarded mediators, he is sought after for his thought leadership on cross-border mediation and peace-making skills. He received his training in mediation at London’s Centre for Effective Dispute Resolution and Harvard Law School. A certified mediator with the International Mediation Institute and a lawyer by training, he was President of the Law Society of Singapore from 1998 to 1999, and was appointed senior counsel in 2010. He received a public service medal from the President of Singapore in 2005 for his contributions to the legal profession and the CC Tan Award — given by the Law Society of Singapore to a member who exemplifies the virtues of honesty, fair play and personal integrity.

1. How important is it for Singapore as a small nation to build strong international relations and trust, and contribute in the field of cross-border mediation?

It is imperative for all countries to forge good international relations, and as a small country, which relies on global trade, it is even more crucial for Singapore to build good relationships. One of the recent contributions we have made to the global community is the SCM, which I was fortunate enough to be involved in between 2014 and 2018. It is a treaty to ensure that international mediated settlements can be enforced around the world as orders of court. The working group elected Singapore to be its chair. This is what we call punching above our weight: when people around the world take interest in the fact that we can work on initiatives with far-reaching impact in a fair and competent manner. It was not easy to work in a large group with diverse views, political and economic interests, ethnicities, customs and languages. Currently, 56 countries, including the US, China and India — more than half of the world’s population — have signed the SCM, and 11 have already ratified it. The working group is trying to get more nations to sign up.

2. Why is mediation in dispute resolution important globally?

Courts around the world have a backlog of cases. Mediation is a good way to settle disputes because it reduces the need for litigation while attempting to build trust between the parties. Many Asian societies, in fact, have historically made use of community-centric dispute resolution systems. Indians have the panchayat system, Malays have their kampung (village) 5 head, and the Chinese have their clans. The traditional way was to find a solution with the help of community leaders. We hope to help change the mindset about litigation being the only option by creating greater awareness about mediation, which can produce effective results more speedily.

3. What are some of the best global mediation practices that go beyond monetary compensation?

Mediation addresses cultural gaps and misconceptions, and takes a human-centric approach. At SIMC, we do not start a case with legalities; we connect as human beings first. We train our mediators in cultural nuances. Intel and preparation are also vital. I find out the backgrounds of all parties, especially the decision-makers, beforehand. I have conducted more than 800 mediations, and about 75 to 80 per cent achieve settlement. Many of our cases involve monetary compensation, but not all. In a dispute between a developer and an architect over an award-winning project, the architect was more concerned about his reputation. The settlement involved reinstating his name to the project and a visit by him to the completed project for the first time!

4. What uniquely Singaporean perspectives do you bring to your role as an international mediator? How do your Singaporean values impact your work?

Trustworthiness, competency and sincerity are core Singaporean values. Many years ago, I taught a short course over five days with some colleagues in the Philippines. After the first day, they wanted to help us unwind by taking us out, but we preferred to stay back to evaluate the day’s proceedings to make further improvements to the following sessions. The Filipinos were impressed with our work ethic. This sums up the Singaporean approach: If we are hired to do something, others know it will get done. Even if the dispute is not resolved, people maintain their trust in us because of our sincerity.

5. Why is the SCM, which has a number of signatories, important, and how can this convention help Singapore create a more conducive environment for resolving cross-border disputes?

While some of the signatories to the SCM may hold different views on specific issues, one thing they have in common is the trust that the SCM would bring them together for discussions that were ultimately mutually beneficial. Indeed, while SIMC was only initiated as a global mediation centre eight years ago, the case load has grown due to a concerted effort to make mediation the first recourse. SIMC has been working in South Korea and Japan, and held conferences and mediation training in China, India, the Maldives and Sri Lanka. I trained Maldivian family court judges who practise Shariah Law. We also helped the Japanese set up a mediation centre. For us at SIMC, it is about collaboration and the exchange of ideas, not competition. Through such conventions and training, we build relationships and share best practices to create an international ecosystem conducive to mediation and dispute resolution. This also helps to meet the UN’s Sustainable Development Goal 16, which centres on building institutions that promote peace and harmony.

“People believe that Singapore is neutral and that we have a trustworthy and efficient legal system. Our mediation process is about re-establishing trust, which offers involved parties a chance to preserve relationships and continue doing business.”

6. What aspects of Singapore’s legal system may be especially useful to other nations? Conversely, what can Singapore learn from the other preferred mediation centres in the world?

People believe that Singapore is neutral and that we have a trustworthy and efficient legal system. Our mediation process is about re-establishing trust, which offers involved parties a chance to preserve relationships and continue doing business.

One particular case we handled was between the South Korean energy company POSCO and the American firm FuelCell Energy (FCE). Things fell out between the two parties and POSCO terminated the contract. They filed arbitration and litigation proceedings around the world — in London, Seoul, Singapore and the US. Finally, they asked for a neutral mediator. I flew to Seoul where nine issues out of 10 were resolved, and the last one took a few more months to settle. The case itself was worth US$1 billion. The settlement resulted in POSCO revoking the termination and resurrecting their partnership with FCE. In fact, they even ordered $66 million more worth of technology. This case study became well known in South Korea and was published in the Global Arbitration Review.

We must, however, acknowledge that mediation is relatively new in Singapore, and people instinctively think of litigation first. In some countries like Australia, Canada, the UK and the US, mediation is part of their culture. We can learn from them in training, and appointing more mediators.

7. How has your work enabled you to make friends and exchange knowledge across borders? How have these connections enriched your work?

My work with SIMC has helped me to connect with lawyers, arbitrators, mediators and ministers from many countries, including China, India, Japan and South Korea. Recently, I made a trip to the Bahamas and Costa Rica for a conference. Among other topics, I had a chance to speak about the SCM to an audience that comprised delegates from several Latin American countries. I also had the opportunity to meet Oscar Arias Sanchez, the 1987 Nobel Peace Prize winner and former president of Costa Rica. These exchanges are cultural goldmines, affording me new perspectives that have been helpful in mediating cross-border, cross-culture disputes.

“When it comes to the Singapore brand, competency and efficiency are right on top. But we need to work on other aspects, such as being more humble and empathetic.”

8. What do you think defines the Singapore brand with respect to the heart and soul of Singapore?

When it comes to the Singapore brand, competency and efficiency are right on top. But we need to work on other aspects, such as being more humble and empathetic. Even with our population of just over five million, we have our own share of challenges. In a large country like India with a diverse population of 1.4 billion people, there are even bigger challenges. We need to be more open-minded and patient, especially when communicating with people of different cultures.

9. Why is it important for Singaporeans to take an active interest in world affairs and become better global citizens?

In recent years, there have been many conversations at the national level about social compact and bridging inequality. It is important that we share with communities outside our borders. Volunteering is a process in which you give, but you also receive. Somebody once told me, “If you stop volunteering, you stop growing.” The day we stop doing this is the day we become a poorer society. Many of our youth go overseas to study — my son studied in South Korea, for instance. One advice I can give is that they should not merely restrict their experience to acquiring knowledge. Learn about the challenges of locals, reflect on what we have in Singapore — including our inadequacies — and think about how we can contribute towards the betterment of all communities.

10. Which Singaporean, past or present, inspires you and has influenced your work, ethics and perspectives?

Not necessarily any individual, but I respect our doctors, nurses and healthcare professionals who put themselves out there on the frontline during the Covid-19 pandemic without expecting any recognition. Selfless contribution, regardless of any recognition or compensation, is a strong attribute of many Singaporeans. This inspires us collectively as a nation.