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SISV Accredited Construction & Real Estate Mediation Course

CPD Credits: TBA (Members of SISV) TBA (Members of SIA and BOA) TBA (Members of IES and PEB) TBA (CPD activity approved by CEA for the mandatory CPD scheme) TBA (SILE Activity)

Proudly brought to you by: Singapore Institute of Surveyors and Valuers Quantity Surveying Division 110 Middle Road #09-00 Chiat Hong Building Singapore 188968 Mainline : 6222 3030 Fax : 6225 2453 Website : http://www.sisv.org.sg

INTRODUCTION The difference of opinions, subjective interpretation of the terms of the contracts and agreements, difference of priorities and diverse range of objectives of the parties in a project, may lead to conflicts. Conflicts can be managed through negotiations, people management skills, appropriate processes and by identifying common grounds. No individual is interested in creating conflicts. It is human hu nature to avoid conflicts given the choice. When conflicts are not resolved or become unavoidable, the parties involved might not be eager to confront them leading to a dispute. Mediation is one of the most wide spread and all encompassing channels of resolving disputes, as an alternative to litigation in courts and arbitration. The nature of disputes putes resolved by mediation, is wide ranging. For example, the disputes can be as simple as a family feud to complex international territorial disputes between between countries, governments and armed forces. The construction and real estate industry is not immune to conflicts with multiple construction constructio and real estate contracts coming into play. The SISV Accredited Construction & Real Estate Mediation Course comprising two parts is developed to train professionals from the construction and real estate industry. The curriculum riculum is designed to equip the course participants with the skill sets to proactively prevent disputes es from escalating, and manage the mediation processes, either as mediators ediators or as party representatives. PART 1 OBJECTIVES The participants are expected to learn and gain working knowledge of the inter-personal inter personal skills and techniques required of mediators to manage conflicts and resolve disputes isputes through mediation, encompassing: Comparative overview of Alternative lternative Dispute Resolution (ADR) forums and role ole of mediation; Commencement and management anagement of the mediation process; Personality traits of an effective ffective mediator; The corporate psychology of parties arties and their representatives in a dispute; Art of negotiation, decision making, aking, risk analysis and the underlying philosophy; Appropriate questioning styles tyles in context; Creating an atmosphere of win-w win strategies; Limiting the impacts of mediators ediators lack or expertise in the subject matter atter presented during mediation;

Consolidation of complex, multi-issue disputes; Standards, code of conduct and ethics; How to conclude a mediation process; Achieving settlement agreements; and Knowledge of applicable laws and support during enforcement stage. PART 2 OBJECTIVES Upon completion of the Part 2, it is expected that the participants would have acquired the following basic skills and gained knowledge of independently managing a real life mediation process for resolving a dispute. Inter-personal relation management skills; Creating an atmosphere of amicable discussions; Brainstorming and thinking outside the box; Process control and time management; Leading and directing to acceptable solution; Creating trust and mutual respect between the parties and the mediator; How to perform the role of being a party representative; How to perform the role as a professional mediator; and Achieving sustainable and legally executable agreements. COURSE DIRECTOR Jayems Dhingra is the Principal Consultant with Tiberias Management Consultants, Singapore; specialising in the
fields of corporate management consultancy, international contracts reviews and Alternative Dispute Resolutions. Over a 36-year period, Jayems has worked and consulted in the industry verticals encompassing, EPCIC Contractors, Construction Projects, Logistics & Warehousing, including shipyards and oil and gas majors, in Asia and Europe. His professional experiences traverse Dispute Resolutions through arbitration & mediation, Business Process Reengineering, Diversifications, Corporate Development, Marketing, Project Management, Feasibility Studies and Market Research. He has also been engaged for assignments like, strategic investment planning, due diligence, resolving various operational issues, contracts reviews, cost controls, project management matters and procurement systems. He continues to be actively engaged in claims reviews, mediation, arbitration, litigation etcetera, for dispute resolutions and expert witness related assignments arising from Construction Projects, Sales & Purchase Agreements, Offshore & Marine Contracts and Charter Parties. Jayems has served as Management Consultant with major contractors and held positions of Managing Director, General Manager, Senior Manager and Projects Manager, including enrichment through hands-on experiences as executive at various levels.

COURSE LECTURERS Goh Phai Cheng, SC is a practising Senior Counsel, arbitrator, mediator and adjudicator. Currently he heads the law
practice known as GOH PHAI CHENG LLC. He has been actively involved in mediations as a mediator or co-mediator. In 2011 he received an award from the Singapore Mediation Centre for his dedication to mediation. He had served as an adjudicator for payment claims made by under the Building Construction Industry Security of Payment Act. Phai Cheng is a member of the Distinguished Panel of Neutrals of the Singapore Mediation Centre and has been admitted to the WIPO Arbitration and Mediation Centres List of Mediators and Arbitration. He is also listed a member of various panels of arbitrators of arbitration centres in this region including the Singapore International Arbitration Centre, Kuala Lumpur Regional Centre for Arbitration, Hong Kong International Arbitration and the Japan Commercial Arbitration Association. He had sat as sole-arbitrator, chairman and co-arbitrator in numerous institutional and ad-hoc arbitrations. Phai Cheng had a long distinguished career in the Attorney Generals Chambers where he has held office as Deputy Public Prosecutor and State Counsel, Legislative Draftsman, Senior State Counsel, Parliamentary Counsel and Law Revision Commissioner. He has also held judicial appointments as Judicial Commissioner of the Supreme Court of Singapore, President of the Industrial Arbitration Court, President of Copyright Tribunal and Chairman of the Income Tax Board of Review. In May 1995, he was elected as Chairman of the 28th Session of UNCITRAL held in Vienna, Austria. Phai Cheng entered private practice in 1997 and was appointed a Senior Counsel in 1999.

Kirindeep Singh is a partner in Rodyk & Davidson LLP's Litigation & Arbitration Practice Group. Kirin's primary
practice areas are construction and engineering, arbitration and general civil and commercial litigation. In construction and engineering, Kirin has been involved in numerous disputes both in arbitration and litigation. He represents owners, developers, consultants, and contractors in construction and engineering disputes under standard form and bespoke contracts. He has acted for parties in major infrastructure, building and redevelopment projects in Singapore such as the MRT North-East Line Projects, the MRT Circle Line Projects, the Deep Tunnel

Sewage System, the construction of Khoo Teck Phuat Hospital and the redevelopment and expansion of the National University Hospital. In addition, Kirin has been involved in the drafting of various construction and engineering contracts, and has often advised on project planning and risk management issues from inception to completion of the project. Over the last few years, Kirin has widened his scope of practice to include insurance contracts and disputes, in particular, construction based insurance such as Contractors All Risks Policies. Besides advising local clients in various disputes both in Court and at arbitration, Kirin has been involved in various regional matters and commercial arbitrations as well, including those in Malaysia, Thailand, Mauritius and Hong Kong. Kirin has handled a wide range of civil and commercial litigation work, including contractual claims, claims in tort, employment matters, insurance-related claims, professional negligence, performance bonds, equity and trusts, banking work, propertyrelated matters, landlord and tenant disputes and professional disciplinary proceedings. Kirin is a contributor to the Singapore Precedents of Pleadings and speaks on a regular basis at various arbitration and construction and engineering conferences in Singapore and overseas. His teaching and training experience includes being a teacher and trainer for the Law Society of Singapore's PLC Advocacy Course and tutor for the National University of Singapore's Trial Advocacy Course.

Lee Kok Eng is a Quantity Surveyor and Builder by training and practice. He is a practising Contracts Manager and
had practised as Project Manager and Building Surveyor. Kok Eng practises alternative dispute resolution such as mediation, adjudication and arbitration. Kok Eng has more than 15 years of experience as mediator in a volunteering capacity as the Accredited Principal Mediator of the Singapore Mediation Centre, Court Mediator of the Small Claims Tribunals, Master Mediator of the Community Mediation Centre, Mediator of the Tribunals of Maintenance of Parents and Accredited Mediator of the China Council for the Promotion of International Trade (CCPIT) Mediation Centre. He had served as both sole and co-mediator ranging from 2 parties to multi-parties disputes of as many as eight parties with representation by lawyers and expert witnesses engaged by different parties. Kok Eng has been conferred the Chief District Judge 10 years long service Court Volunteer Award in 2012 for conducting mediation for the Small Claims Tribunals and conferred the Minister for Law Appreciation Award in 2007 for conducting nd mediation for the Community Mediation Centre. He chaired in one of the Plenary sessions of the 2 Asia Pacific Mediation Forum 2003 in Singapore. As an Adjudicator, Kok Eng has adjudicated adjudication applications under the Building & Construction Industry Security of Payment Act. Kok Eng is a Member of the Singapore Institute of Surveyor and Valuers, a Member of the Society of Project Managers, a Member of the Singapore Institute of Arbitrators and a panel member of the SISV Panel of Expert Witnesses. He was one of the founding Committee Members of the Consumers Association of Singapore (CASE) Mediation Panel Committee in year 1999.

WHO SHOULD ATTEND Project Managers, Contracts Managers, Claims Consultants, Engineers, Lawyers, Contractors, Asset/Property Managers, Quantity Surveyors, Valuers, Land Surveyors, Developers, Architects, Engineers, Real Estate Consultants / KEOs / Salespersons, In-house Counsels, Insurers and Building Surveyors. COURSE STRUCTURE AND DURATION Date 22 October Monday 23 October Tuesday 8 November Thursday 9 November Friday Part 1 1 2 2 Activity Full day lecture from 9am to 5pm Full day lecture (with assignments) Assessment Continuation of assessment

ASSESSMENT FOR CERTIFICATE OF SUCCESSFUL COMPLETION OF PART 1 1. Two assessment exercises of 45 minutes duration each will be given during the afternoon session of Day 2. Candidates desirous of receiving Certificate of Completion are to secure a minimum 70% score. This will be a closed book session. 2. Candidates are required to complete an assignment to be submitted within seven (7) calendar days of completion of Part 1. Candidates are to achieve minimum 75% score in this assignment. This is an open book assignment but candidates are to observe the rule against plagiarism. 3. The results of Part 1 will be announced within 14 days from submission date.

4. The successful completion of Part 1 is the pre-requisite for enrolling in Part 2 of the SISV Accredited Construction & Real Estate Mediation Course. 5. Unsuccessful candidates will be allowed to retake the assessments at the following session of Part 1. ASSESSMENT FOR ACCREDITED CONSTRUCTION & REAL ESTATE MEDIATION COURSE 1. Candidates will participate as a Mediator in two mock-mediations of one-hour duration each. The session will be observed by expert Mediators and scores will be given on skills demonstrated in three categories: inter-personal skills, mediation process skills and the management of the mediation session. Candidates are required to draft a settlement agreement after each mediation session, which will be reviewed and assessed. 2. Candidates will participate as a party representative in one mock-mediation session. The candidates will be assessed on their skills for negotiations, building trust and achieving an enforceable agreement. 3. The SISV Accredited Construction & Real Estate Mediation Certificate will be issued to the candidates who score a minimum 75% marks in aggregate of the above three assessments. 4. Unsuccessful candidates will be allowed to retake the assessments at the following session of Part 2. 5. The successful completion of Part 2 of the SISV Accredited Construction & Real Estate Mediation Course is the pre-requisite for admission to the SISV Panel of Mediators, among other requirements such as age, qualification and professional experience. ADMISSION REQUIREMENTS Candidates should possess academic and or working knowledge of the law of contract, Sales of Goods Act, Estate Agents Act, law of tort and law of evidence. It is highly recommended that the candidates desirous of pursuing expertise in dispute resolution and acting as mediators should have good knowledge of subjects on common law and statutes, court systems, hierarchy of courts and the relevant legal concepts, e.g. trusts, construction contracts, legal structure of companies, businesses, partnerships and intellectual property rights. SKILLS DEVELOPMENT FUND (SDF) TRAINING ASSISTANCE TBA COURSE FEE $ 1,500.00 (Part 1 & 2 only) $ 1,700.00 (Part 1 & 2 only) $ 1,900.00 (Part 1 & 2 only) $ 2,100.00 (Part 1 & 2 only) *All fees quoted are exclusive of GST. VENUE Furama Riverfront, 405 Havelock Road, Singapore 169633. FEE REFUND POLICY Candidates who are unable to participate in the course shall inform the secretariat in writing at least 2 weeks before the commencement of the course, otherwise full payment of fees remains applicable. SISV reserves the right to amend the course details, revise the course fee without prior notice, cancel or postpone the course due to unforeseen circumstances. ENQUIRIES For enquiries, please contact: Mr Xavier Shee Tel: 64240273 Ms Manisah Jalil Tel : 64240272 - SISV members - Staff of Member Firms - CIJC Members (applicable to SIA, SIBL, SCAL, IES, REDAS, SPM, ACES) - Non-members

Email: xaviershee@sisv.org.sg Email: manisah@sisv.org.sg

SISV ACCREDITED CONSTRUCTION & REAL ESTATE MEDIATION COURSE REGISTRATION


Venue : Furama Riverfront, Mercury III, Level 5 (22 - 23 October & 8 - 9 November 2012) Time : 9am to 5pm daily

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Please make cheque payable to Singapore Institute of Surveyors and Valuers and mail to 110 Middle Road #09-00 Chiat Hong Building, Singapore 188968. Closing date is Monday, 15 October 2012. Placement is on first-come-first-served basis. We reserve the right to cancel, curtail or change the content of programmes and the name/s of facilitators without prior notice. We are committed to organising a successful programme; however, we reserve the right to cancel or postpone the programme in which case refunds will be given. No refunds will be made for cancellations or no-show by those who registered. We reserve the right to change the venue or amend any of the published details.