Publication Type
Transcript
Version
submittedVersion
Publication Date
1-2019
Abstract
This note considers recent civil justice reforms in England and Singapore in enhancing the role of ADR, in particular mediation, as a means of increasing access to justice. The English and Singaporean civil justice reforms reflect the continual efforts to encourage the greater utilisation of ADR for appropriate cases. The current range of mechanisms may be charted along a “continuum of madatoriness”, ranging from compulsory attendance at mediation orientation sessions; the utilisation of costs sanctions; having an opt-out system; and mandating mediation with no exemptions. However, the English and Singaporean experiences illustrate some of the drawbacks in penalising parties for failing to mediate. It is, therefore, critical for the courts to clearly articulate the factors guiding the exercise of their powers when mandating mediation as well as adopting a consistent and united judicial stance.
Keywords
access to justice, mediation, ADR, mandatory mediation
Discipline
Dispute Resolution and Arbitration
Research Areas
Dispute Resolution
Publication
Civil Justice Quarterly
Volume
38
Issue
1
First Page
1
Last Page
8
ISSN
0261-9261
Publisher
Sweet and Maxwell
Citation
AHMED, Masood and QUEK ANDERSON, Dorcas.
Expanding the scope of dispute resolution and access to justice. (2019). Civil Justice Quarterly. 38, (1), 1-8.
Available at: https://ink.library.smu.edu.sg/sol_research/2838
Copyright Owner and License
Sweet & Maxwell
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.