Title

Litigating over Mediation: How should the Courts enforce Mediated Settlement Agreements?

Publication Type

Journal Article

Publication Date

7-2015

Abstract

The courts have long supported the enforcement of compromise agreements, including settlements arrived at in the course of mediation. However, the recent trend in many countries, including Singapore, of enacting statutory provisions for the enforcement of mediated agreements suggests that the existing legal framework may be inadequate to support the mediation process. This paper examines the current principles used by the courts in determining the enforcement of mediated settlements, assessing them in light of the underlying values of mediation and contract law. This is followed by a brief analysis of how mediation confidentiality has been impacted by the current legal framework. In examining the preferred way forward, the paper also surveys various ways of buttressing the legal framework, and puts forward a few recommendations.

Keywords

Mediation, Law enforcement, Contracts, Dispute resolution (Law), Appellate procedure

Discipline

Asian Studies | Dispute Resolution and Arbitration

Research Areas

Dispute Resolution

Publication

Singapore Journal of Legal Studies

Volume

[2015]

First Page

105

Last Page

134

ISSN

0218-2173

Publisher

National University of Singapore

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