INSIGHTS

Seven takeaways from the WIPO-Singapore ASEAN Mediation Programme

05 Mar 2025

Cases resolved under the initiative offer some valuable lessons for parties in dispute, from redefining “winning” to finding common ground, say Caleb Goh from the WIPO Arbitration and Mediation Center Singapore and See Tho Sok Yee from the Intellectual Property Office of Singapore.

With ASEAN forecasted to be the world’s fourth largest economy by 2030, efficient cross-border dispute resolution mechanisms will become increasingly important for businesses looking to expand into the region.

In July 2023, the World Intellectual Property Organization (WIPO) and the Intellectual Property Office of Singapore (IPOS) introduced the WIPO-Singapore ASEAN Mediation Programme (AMP) to offer a quicker, cost-effective mediation option that also preserves business relations.

All disputes referred to mediation under the programme were successfully settled. We discuss some of what we learned from AMP cases, the value of mediation, and what lies ahead, with a refreshed version launched in 2025.

Key lessons from AMP

The AMP cases surfaced several common IP dispute challenges and highlighted mediation’s role as a culturally sensitive, flexible, and pragmatic dispute resolution tool for the ASEAN region.

1. Levels the playing field

Several cases involved an asymmetry in representation where large, established organisations faced off against smaller entities, or individuals, but mediation was uniquely suited to create a balanced playing field.

For instance, in Lee Mei Lie t/a CY Education Centre & Fun with Abacus School [2024] AMP MED 4 (Fun with Abacus), mediator Moi Sok Ling levelled the disparity between a freelance teacher and a commercial entity disputing the use of the ‘Fun with Abacus’ trademark, by ensuring that the mediation was fair and inclusive, and each party’s voice was equally heard throughout the process.

2. Overcomes positional entrenchment

Parties often began deeply entrenched in their legal positions. Mediation allowed room for creative approaches to reframe disputes and shift the focus to mutual benefits. Mediator George Lim, for example, invited the two food and beverage establishments in Captain K F&B Management & En Dining Bar [2024] AMP MED 1 (En Group) to brainstorm words commonly associated with mediation.

Parties jointly painted their own picture of the mediation from the outset, making it the first agreement of the day. Mediator Joyce Tan also used creative visualisation exercises in another dispute to encourage the parties to redefine “winning” in terms of shared commercial goals rather than legal victories.

This was particularly valuable in family business disputes, which was the situation in several AMP cases. The mediation process unlocked impasses and balanced interpersonal sensitivities with legal and commercial realities, especially in emotionally charged conflicts.

3. Navigates cultural and language nuances

In navigating diverse ASEAN contexts, cultural fluency and sensitivity is key. In The Beauty Nation & Kiong Onn Medical Hall [2024] AMP MED 5 (The Beauty Nation), which involved a dispute over the trademark use of certain Chinese medicinal products, mediator Jonathan Choo’s use of Mandarin enabled him to clarify complex points and foster a sense of rapport with the parties.

This also significantly eased tensions and encouraged more open dialogue. Mediator Moi, who mediated the Fun with Abacus case, also adeptly used her bilingual and intercultural skills to bridge misunderstandings.

4. Creates a trusted environment

Mediation’s success depends on trust. Through the WIPO Rules, parties were actively involved in the mediator selection process from WIPO’s global list of mediators, ensuring confidence in the mediator’s neutrality and IP expertise. As the WIPO Arbitration and Mediation Center (WIPO Center) in Singapore handles all AMP cases, it played a vital role in supporting this environment, offering well-equipped venues and online support, free of charge.

Additionally, mediation sessions were structured to provide a safe space for candid dialogue. Private caucuses, such as those in Gromark Consumers Enterprise & Universe Kingdom [2024] AMP MED 3 (Gromark) mediated by Lim Tat, allowed parties to share their concerns openly, enabling the mediator to address underlying issues and propose solutions effectively.

The En Group case also saw the mediator inviting parties to talk openly and frankly, and share their stories as to how they each started their respective businesses in the food and beverage industry. The parties were then able to find common ground over their shared experiences, which facilitated trust-building through a deeper understanding of each other’s perspective.

5. Accelerates settlement through collaboration and common focus

Collaboration between parties and counsels during mediation also significantly influenced outcomes. In Chew’s Optics & Chew’s Optics (Bishan), Chew’s Optics (Kovan) [2023] AMP MED 1 (Chew’s Optics), lawyers on both sides played an instrumental role in guiding their clients toward a resolution.

Mediator Viviene Kaur Sandhu worked hand-in-hand with counsels to explore options, reality-test proposals, and refine settlement terms. In the Gromark case, a private session between mediator Lim and the counsel for both sides marked a turning point, enabling smoother and faster proceedings.

Structured discussions towards a common goal also prevented “mediation fatigue”, particularly in long sessions like The Beauty Nation case, which extended late into the night. By setting clear agendas and pacing the discussions, mediators ensured that the parties remained engaged and focused on achieving an expedited solution.

6. Offers room for a variety of custom solutions

Mediators in several cases, such as in The Beauty Nation, meticulously reviewed materials and conducted pre-mediation meetings to identify flashpoints and structure discussions. This thorough preparation enabled the mediators to creatively devise more options for the parties, as opposed to a singular decision maker in litigation.

Partnership conflicts, such as Fun Toast & Fun Tea [2024] AMP MED 2 (Fun Toast) mediated by Tan, also highlighted how mediation can tailor solutions that address both the legal and personal dimensions of partnership conflicts that may arise from overlapping histories and conflicting visions.

7. Highlights commercial realism

Mediation also helps parties weigh the realities of their choices. Mediators consistently employed BATNA (Best Alternative to a Negotiated Agreement) and WATNA (Worst Alternative to a Negotiated Agreement) frameworks to highlight the risks of prolonged litigation. In the Gromark case, for instance, the mediator emphasised the cost and time savings of mediation compared to court proceedings, ultimately persuading the parties to settle.

Perspectives from the AMP mediators and participants

The mediators involved in the AMP cases consistently highlighted the great potential of mediation. Mediator Lim, for instance, observed how “The outcome of this mediated settlement was truly win-win … This was possible because the process allowed the parties to talk openly and frankly, and share their stories … allowing parties to understand and see each other’s perspective, and move towards a resolution of the dispute.”

Participating lawyers also emphasised mediation’s efficiency and flexibility, with a lawyer from the Chew’s Optics case remarking that mediation “not only resolved the overt legal disputes but also related commitments from parties that were, strictly speaking, out of the scope of the legal issues”.

Meanwhile, parties praised the mediators’ neutrality and expressed satisfaction with the outcomes. One of the parties from the Gromark case noted that mediation produced “significant time and cost savings for us as we no longer need to litigate this dispute in court and can now focus on our brand and business”.

The next iteration of the AMP

All AMP cases were settled between five to eight weeks from the receipt of the request for mediation. This 100% success rate and trend of swift resolution, in comparison to a two to three-year litigation timeline, underscore the efficiency of mediation and its potential as a reliable alternative for businesses.

WIPO and IPOS now offer AMP in a refreshed form, as AMP+, from January 23, 2025 to  December 31, 2025, with the aim of encouraging more take up from the ASEAN region.

Enhancements include allowing parties to appoint a mediator based in any ASEAN member state, including those who speak their most familiar language. Parties benefit from additional funding from IPOS if they select a mediator based in Singapore. AMP+ will also be able to provide deal mediation to assist parties in contract negotiations, which can potentially prevent downstream disputes from arising.

To find out how to submit a request for WIPO mediation or to find out more about AMP+, please contact arbiter.mail@wipo.int or visit this page on WIPO’s website.

Caleb Goh is an advocate and solicitor at the WIPO Arbitration and Mediation Center Singapore.

See Tho Sok Yee is principal legal counsel at the Intellectual Property Office of Singapore.

This article was written for World IP Review and was published on 5 February 2025.

See the article here.

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