＂MediationonShareholdersamp;ProbateDisputes＂..pptVIP

Mediation in Practice Power imbalance (esp., one party with lawyer) Establish trust from both parties by pre-meeting, always stay neutral. Mediator’s concern and reminder to them: Base on the past relationship, was there any ways to re-establish their future relationship Their religion Will their trade name be hurt if litigation goes on? They are serving NGOs, schools How much time they could afford on preparing and going into litigation? How much money they need to spent on legal experts? Case: HCCW 6XX/2009 In another case, superficially, it is a winding up petition of a limited company which holds a land and some industrial operations in YL. In fact, the winding up petition is only the 1st step of winding up of another couple of companies if the 1st one petition is granted. 1.??On 25 February 2010 I made a validation order on the application of the 1st Respondent the material provision of which is as follows: “…(a)All incoming payments into the Company Bank Accounts, including but not limited to deposit of cheques, incoming payments by autopay and electronic fund transfers; (b)Payments out of the Company Bank Accounts up to a total sum of HK$770,000.00 per month BUT SUBJECT to approval by the Petitioner and the 1st Respondent by their joint signature; …” 2.??On 19 April 2010 the 1st Respondent issued a summons seeking an order that “The Petitioner and the 1st Respondent do procure that all cheques in respect of payments covered by the validation order granted by Harris J. dated 25th February 2010 to be duly signed ...”. The 1st Respondent also sought an order that a penal notice be added to the order 1. … 1 If an injunction is served on a defendant with a penal notice attached, breach of the injunction can result in the defendant being imprisoned. 3.??...I made directions for the filing of evidence. I also explained ...that it seemed to me that the application as framed in the summons and explained in his submissions filed for the hearing on 22 April was