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

Copyright Owner and License

Sweet & Maxwell

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