Showing 1 - 10 of 12
This article discusses the application of the concept of issue estoppel to consent judgments. Four High Court decisions have reached conflicting conclusions on this topic and created considerable conceptual difficulties. The article discusses the underlying reasons for the differences in these...
Persistent link: https://www.econbiz.de/10012906668
The complexion of justice within many judiciaries has changed dramatically through the influence of two global movements – the modern alternative dispute resolution (ADR) movement and the more recent development of online dispute resolution (ODR). The former wave led to the creation of...
Persistent link: https://www.econbiz.de/10012898786
Judicial mediation involving a judge acting as a mediator in a court dispute has been implemented in many jurisdictions worldwide as a way to overcome access to justice challenges. This innovation has raised many debates on the changing role of the judge built on either its congruence with or...
Persistent link: https://www.econbiz.de/10012899843
In line with international developments in court-connected mediation, the Singapore courts have strongly supported the use of mediation and have taken steps to encourage litigants to attempt mediation. This article features the very first empirical analysis of the Singapore courts' referral of...
Persistent link: https://www.econbiz.de/10012900042
This article focuses on the future role to be played by mediation standards in view of the signing of the Singapore Convention on Mediation. It argues that the convention has elevated the standing of mediation standards from soft regulatory codes to quasi‐legal grounds impacting the...
Persistent link: https://www.econbiz.de/10012825544
Being a culturally responsive mediator has become increasingly challenging amidst the growing cultural complexity within many societies. Drawing on the existing research on culture and the authors’ experiences of mediating disputes amongst diverse disputants in Australia and Singapore, this...
Persistent link: https://www.econbiz.de/10014123093
This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the...
Persistent link: https://www.econbiz.de/10014106657
The concept of the multi-door courthouse emerged in 1976, and many judiciaries now have court-connected mediation programs. Situating dispute resolution services within the courts raises intriguing issues concerning the juxtaposition of adjudicatory and consensual communication processes. Does...
Persistent link: https://www.econbiz.de/10014119035
This paper examines the key societal developments underpinning the growth of mediation in Singapore with the view to analysing the evolving conceptualisation of justice within mediation. The introduction of mediation corresponded with a shift from adversarial justice to an indigenous form of...
Persistent link: https://www.econbiz.de/10014096419