Newsletter No. 355

No. 355, 4.4.2010 NEWS & EVENTS (接上页 Continued ) Professor Hilmer explained that it is a seven-step process (see diagram) and said, ‘Compared to the usual litigation process which is adversarial by nature, mediation is more flexible and informal. It empowers the participants to make their own decisions and retain control over an eventual settlement and its terms.’ In the process, a party often develops a better understanding of the other party and hence the current unhappy relationship between the parties may be improved. Professor Hilmer thought that the Chinese are no strangers to mediation, as their business or negotiation practice is heavily dipped in mutual trust. She mused, ‘The Chinese’s emphasis on trust in any kind of relationship, particularly in business ones, echoes the consensus-building nature of the mediation process. It’s as if without making it a term of art and prescribing an explicit set of steps to be followed, the Chinese have been relying on this method of dispute resolution for a long time.’ The institute has incorporated mediation in its LLB, LLM, JD and PCLL curricula. Professor Hilmer uses role-plays and videotapes to sensitize students to the latent values Sarah E. Hilmer, ‘Discussion of the different stages of a mediation process’, Journal of International Dispute Resolution 2/2006, pp. 63–68 前美国国务卿谈亚洲发展 Former US Secretary of State on Asia’s Future • 前 美国国务卿及史丹福大学胡佛研究所Thomas and Barbara Stephenson公共政策资深研究员 康多莉扎 ‧ 赖斯教授于3月19日应邀莅校主讲「未来的亚 洲」。当天演讲厅高朋满座,逾千名中大教职员和学生、政 府官员、商界领袖、公众人士和传媒出席。演讲也直播到 本地学校和内地的大学。 赖斯教授于讲座中对亚洲未来表示乐观,但指出紧随繁荣 而来的乃是确保区内安全的责任。她也旁及亚洲各国发展 的广泛课题,并透辟分析这些国家面对的困难与机遇。 在讲座的答问环节,举凡她在任期间的美国外交政策以至 美国教育的提问,赖斯教授都以一贯的睿智,直抒己见,口 齿便给又博古通今,以顶尖学者的修养、练达政治家的丰 采,赢得全场观众激赏。 赖斯教授于1981年加入史丹福大学,任政治学教授,并于 1993至99年出任该校首席副校长一职。2001年起赖斯教 授担任总统国家安全事务助理(国家安全顾问),其后出 任美国历史上第二位女国务卿(2005至09年)。 P rof. Condoleezza Rice, former US Secretary of State and Thomas and Barbara Stephenson Senior Fellow on Public Policy at Hoover Institute, Stanford University, visited the CUHK campus on 19 March to give a lecture on ‘The Future of Asia’. Over a thousand CUHK staff and students, government officials, business leaders and members of the public and the press packed the lecture halls. The lecture was also broadcast to local schools and universities in mainland China. At the lecture, Professor Rice expressed her optimism for Asia’s future but pointed out that ensuring regional safety was a responsibility that came with prosperity. She touched upon a comprehensive range of issues that concerned the development of Asian countries and presented her trenchant analysis of the problems and opportunities they faced. In the Q&A part of the lecture, Professor Rice in characteristic perspicacity gave her honest answers to questions that ranged from her retrospective view of US foreign policy when she was Secretary of State, to American education, captivating the floor with the eloquence and erudition of a top scholar and seasoned statesman. Professor Rice joined the Stanford University faculty as a professor of political science in 1981 and served as Stanford University’s provost from 1993 to 1999. Professor Rice served as assistant to the president for national security affairs (national security adviser) in 2001 and became the second female holder of Secretary of State of the United States from 2005 to 2009. and potential conflicts of parties from different cultural backgrounds. She found her students showing a keen interest in this alternative way of ‘lawyering’. Students found the experience valuable as they are made more aware of the deep-lying values and motives of parties in different positions and they are trained to focus not only on the legal rights and facts but also on the interests and emotional and psychological needs of the parties. With the judiciary’s promulgation of a new practice direction, lawyers in Hong Kong are now under a duty to advise their clients who are contemplating legal actions to consider resolving their disputes by mediation. Professor Hilmer expected to see a wider use of mediation in Hong Kong and thought that the institute has much to contribute to this development by way of training CUHK law students as well as practising lawyers in mediation. She concluded, ‘Mediation is about building bridges of communication. Instead of the win-lose situation of traditional litigation, it often yields a win-win result.’