Publication Type

Journal Article

Version

acceptedVersion

Publication Date

6-2022

Abstract

The civil justice regime in Singapore entered a new phase of radical reforms with effect from 1 April 2022. The reforms have substantially expanded the role of amicable dispute resolution (ADR). Parties have a duty to consider ADR prior to and during civil proceedings. More significantly, the courts have been empowered to order parties to attempt ADR, taking into account the ideals of the Rules of Court and all relevant circumstances. This note analyses the key reforms relating to the use of ADR with reference to comparable English developments. It discusses the broad yet ambivalent scope of ADR that could give rise to considerable uncertainty concerning whether the parties have fulfilled their duty to consider ADR. It is also argued that the courts are likely to be guided principally by the ideals of the Rules of Court rather than the factors set out in Halsey v Keyneswhen deciding whether to order the use of ADR. However, this will be a complex consideration given the tension between the principles of proportionality and matching the appropriate process to meet the parties’ needs. This likely tension has to be acknowledged by the courts and a considered decision made on where the balance should lie.

Keywords

Amicable dispute resolution, civil procedure, Rules of Court 2021, mandatory mediation

Discipline

Asian Studies | Courts | Dispute Resolution and Arbitration

Research Areas

Dispute Resolution

Publication

Civil Justice Quarterly

Volume

41

Issue

3

First Page

191

Last Page

202

ISSN

0261-9261

Publisher

Sweet and Maxwell

Copyright Owner and License

Authors

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