Publication Type

Journal Article

Version

acceptedVersion

Publication Date

6-2020

Abstract

This article 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 conciliatory justice, in which a respected mediator played an advisor role to the disputants and was trusted to ensure the fairness of the process. However, this trajectory was tempered by the need to ensure that Singapore mediation practice conformed with international practices concerning the protection of parties’ autonomy. The ambivalence concerning the mediator’s role has resulted in uncertainty about whether the mediator bears primary responsibility for ensuring procedural and substantive fairness. The article discusses the implications of this ambiguity and proposes ways to resolve it. The current phase of professionalisation in Singapore’s mediation movement offers the opportune moment to resolve these existing tensions and to crystallise the mediator’s role in facilitating access to justice.

Keywords

access to justice, mediation, autochthonous, conciliatory justice, Singapore mediation movement

Discipline

Asian Studies | Dispute Resolution and Arbitration

Research Areas

Dispute Resolution

Publication

International Journal of Law in Context

Volume

16

Issue

2

First Page

128

Last Page

145

ISSN

1744-5523

Identifier

10.1017/S1744552320000105

Publisher

Cambridge University Press (CUP): HSS Journals

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1017/S1744552320000105

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