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Articles 1 - 9 of 9
Full-Text Articles in Social and Behavioral Sciences
Mediating Consumer Financial Disputes: Financial Industry Disputes Resolution Centre's Unique House Style, Eunice Chua, Beverly Wee
Mediating Consumer Financial Disputes: Financial Industry Disputes Resolution Centre's Unique House Style, Eunice Chua, Beverly Wee
Research Collection Yong Pung How School Of Law
The Financial Industry Disputes Resolution Centre (“FIDReC”) was established in August 2005 with the purpose of providing a low-cost avenue for consumers to resolve their disputes with financial institutions. This article seeks to outline the role of FIDReC and its processes and, at the same time, seeks to define the house style of mediation that has served FIDReC well over the years. This article also highlights some of the different techniques adopted by FIDReC mediators in the course of facilitating the mediation.
12 September 2020: The Singapore Convention On Mediation Comes Into Force, Nadja Alexander, Shou Yu Chong
12 September 2020: The Singapore Convention On Mediation Comes Into Force, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the potential impact of the Singapore Convention on Mediation is analysed.
Japan-Singapore Joint Mediation Protocol Announced, Nadja Alexander
Japan-Singapore Joint Mediation Protocol Announced, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post, the potential impact of the Japan-Singapore Joint Mediation Protocol is analysed.
A Matter Of Interpretation? Understanding And Applying Mediation Standards For The Cross-Border Enforcement Of Mediated Settlement Agreements, Dorcas Quek Anderson
A Matter Of Interpretation? Understanding And Applying Mediation Standards For The Cross-Border Enforcement Of Mediated Settlement Agreements, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This article focuses on the future role to be played by mediation standards in view of the signing of the Singapore Convention on Mediation. It argues that the convention has elevated the standing of mediation standards from soft regulatory codes to quasi-legal grounds impacting the enforcement of mediated settlements. However, the inherently generalized nature of mediation standards does not render them amenable to contextualized interpretation. More significantly, the courts may adopt the wrong frame when construing mediation standards. It is therefore imperative that the mediation community find ways to bridge frames and facilitate the cross-border understanding of standards.
The Evolving Concept Of Access To Justice In Singapore’S Mediation Movement, Dorcas Quek Anderson
The Evolving Concept Of Access To Justice In Singapore’S Mediation Movement, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
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 …
International Mediation And Covid-19: The New Normal?, Nadja Alexander
International Mediation And Covid-19: The New Normal?, Nadja Alexander
Research Collection Yong Pung How School Of Law
What is the SIMC COVID-19 Protocol? The Singapore International Mediation Centre (SIMC) has just launched the SIMC COVID-19 Protocol to provide businesses with an expedited, economical and effective route to resolve any international commercial disputes during the COVID-19 pandemic period. SIMC’s Covid-19 protocol is a great example of a leading mediation service provider reaching out to a market severely disrupted by Covid-19. The option for Singaporean and international parties to mediate online means for a highly accessible, time and cost effective path to resolve disputes that have emerged in the wake of Covid-19.
Singapore Case Law Series: Dispute Resolution Clauses In Msas, Nadja Alexander, Shou Yu Chong
Singapore Case Law Series: Dispute Resolution Clauses In Msas, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the Singapore Court of Appeal case of Retrospect Investment (S) Pte Ltd v Lateral Solutions Pte Ltd [2020] SGCA regarding questions on dispute resolution clauses in a mediated settlement agreement (MSA) is analysed.
Singapore Convention Series: Bill To Ratify Before Singapore Parliament, Nadja Alexander, Shou Yu Chong
Singapore Convention Series: Bill To Ratify Before Singapore Parliament, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
Signing on to the Singapore Convention is only the beginning. The Convention will come into force six months after three States have ratified it into their domestic law (Article 14 of the Convention). A Bill currently before the Singapore Parliament seeks to pave the way for that – ratify the Convention in Singapore through the enactment of legislation to implement its terms. It is anticipated that the Singapore Convention on Mediation Bill (the ‘Bill’) will be passed into Law before the end of March 2020. It may very well be the first piece of legislation that ratifies the Convention. Other …
Singapore Case Note: Settlement Agreement Invoked As Shield, Nadja Alexander, Shou Yu Chong
Singapore Case Note: Settlement Agreement Invoked As Shield, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
The Singapore Convention on Mediation makes clear that international mediated settlement agreements (iMSAs) may be used as a sword or invoked as a shield in judicial or arbitral proceedings (defence). In the post-Singapore Convention world, lawyers are looking closely at the extent to which courts may recognise settlement agreements, especially mediated settlement agreements, as a shield or a defence to arbitral or litigation proceedings.