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Full-Text Articles in Dispute Resolution and Arbitration
When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson
When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The Ministry of Communications and Information(MCI) proposed the introduction of an alternative dispute resolution schemeto assist telecos and consumers in resolving their disputes. The mediationprocess is likely to be used. In response to this suggestion, Straits Times’ Tech Editor MsIrene Tham questioned whether mediation goes far enough to settle telcodisputes. This op-ed discusses the basic principles involved in the mediation process, as well as when mediation is appropriate and conversely when it is not. Recommendations are made on how to decide on the appropriate mode of dispute resolution for a particular dispute.
The State Courts Centre For Dispute Resolution: Serving The Society With Quality Dispute Resolution Services, Dorcas Quek Anderson
The State Courts Centre For Dispute Resolution: Serving The Society With Quality Dispute Resolution Services, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Court Alternative Dispute Resolution (“ADR”) has its origins in a 1994 pilot project in the Subordinate Courts (as it was known then) to have selected District Judges assist in resolving civil disputes using ADR processes. Within two decades, Court ADR has been extended to the entire gamut of cases filed in court, including civil claims, minor criminal offences and family disputes. Court ADR services, which have been known as “Court Dispute Resolution”, have become integral to the delivery of justice in the State Courts. As the Honourable The Chief Justice Sundaresh Menon has observed, ADR has been promoted as the …
Visualising The Adr Landscape, Nadja Alexander
Visualising The Adr Landscape, Nadja Alexander
Research Collection Yong Pung How School Of Law
Access to ADR can be conceptualised in a number of ways. Some commentators focus on the court or the legal profession as a central access point for disputes. While this may seem natural for lawyers and judges, such an approach fails to account for the vast majority of disputes – approximately 80 per cent – that never see a lawyer, let alone a court. Other commentators focus on private or community-based applications of ADR as well as transactional applications of mediation such as contract negotiations. Yet others analyse ADR from the perspective of particular stakeholder groups such as industry, insurers, …
Mediation On Trial: Ten Verdicts On Court-Related Adr, Nadja Alexander
Mediation On Trial: Ten Verdicts On Court-Related Adr, Nadja Alexander
Research Collection Yong Pung How School Of Law
This article critically evaluates the development of court-related mediation by reference to the evolution of ADR practice and theory. The author explores the divergent approaches taken in different jurisdictions to the relationship between ADR and court-based processes while referring to some similar phases of development and the varied empirical examinations of process. The integration of ADR into the 'mainstream' dispute resolution culture is also explored from the perspective of the diversity versus consistency of process debates while reflecting upon the variations in ADR usage between inquisitorial and more adversarial legal systems.
From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander
From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander
Research Collection Yong Pung How School Of Law
In Australia today, ADR processes are recognised not only as a distinct system of dispute resolution, but also as a system that interacts interdependently with the legal system. This is most clearly demonstrated in the context of court-related mediation, which is increasingly seen as an effective way to increase access to, participation in, and satisfaction with the way legal disputes are resolved. Cappelletti categorises ADR as the third wave in the worldwide access-to-justice movement. ADR provides a different approach and a different sort of justice for solving disputes — what Cappelletti labels ‘co-existential justice’.
Within The Civil Law Tradition, Nadja Alexander
Within The Civil Law Tradition, Nadja Alexander
Research Collection Yong Pung How School Of Law
A review of the international literature on ADR reveals a wide spectrum of dispute resolution processes practised throughout the world. It also demonstrates significant differences among different countries’ application of ADR procedures; for example, mediation.