Publication Type

Magazine Article

Version

publishedVersion

Publication Date

11-2021

Abstract

Mediation is essentially a facilitated negotiation process. When businesses have a dispute they cannot resolve on their own, they seek a neutral third party to help confidentially. This mediator has no power to impose a binding outcome on the parties. Rather, his or her responsibility is to facilitate the negotiation and use problem-solving skills to guide the parties towards a mutually agreed solution through a face saving and pragmatic process. In many jurisdictions, including Singapore, parties are required to attempt mediation first before courts hear the matter. Refusing to engage in mediation without proper reason may lead to cost sanctions by the judge. This opt-out initiative was first introduced in Singapore in 2007, so that the court’s resources can be devoted to matters where there is a genuine dispute on the law.

Keywords

mediation, leadership, business strategy

Discipline

Leadership Studies | Strategic Management Policy

Publication

Asian Management Insights (Singapore Management University)

Volume

8

Issue

2

First Page

44

Last Page

50

ISSN

2315-4284

Publisher

Singapore Management University, Centre for Management Practice

City or Country

Singapore

Embargo Period

3-31-2022

Copyright Owner and License

Singapore Management University

Additional URL

https://cmp.smu.edu.sg/ami/article/20211116/mediate-not-litigate-resolve-disputes

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