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| There
are more ways to resolve disputes |
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| Senior
District Judge Richard Magnus presenting
a token of appreciation to Senior Minister
of State for Law and Home Affairs, Assoc
Prof Ho Peng Kee, at the launch. |
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A
lternative Dispute Resolution (ADR) refers to
the whole range of dispute resolution mechanisms
other than court proceedings
to resolve a dispute. The two most common
forms of ADR are mediation and arbitration.
The ADR Awareness Programme was launched on 22 March 2003 to promote awareness
of ADR options to the general public as well as specialised sectors, such as
members of trade- and industry-based organisations.
Week-long educational event
The Subordinate Courts and the Ministry of Law, in partnership with the Singapore
Mediation Centre, the Singapore International Arbitration Centre and the Law
Society of Singapore, collaborated with various industry-based organisations
to organise the programme.
Speakers from the Subordinate Courts and its partner organisations gave talks
on mediation, arbitration and court dispute resolution. There was also a roadshow
on community mediation.
Promoting alternative solutions
Although Singapore has a world-class judiciary and legal infrastructure, resolving
disputes in court may not always be the most appropriate, cost-effective or efficient
way to settle a dispute.
Hence the Subordinate Courts is promoting ADR options such as mediation and arbitration.
Mediation is a non-adversarial approach to conflict resolution and is especially
useful when parties hope to maintain an existing business or other relationship.
The parties agree to have a neutral third party, the mediator, to facilitate
communication. The parties can discuss their case openly and in confidence. The
focus is on addressing their respective interests rather than the legal rights
and obligations of the parties, as in a court case. Furthermore, parties have
a say over how they can “tailor” a win-win solution and thereby effect
an amicable settlement.
Parties can also agree to submit their dispute to arbitration and be bound by
the arbitrator’s decision. Arbitration is well-suited for cases where specialised
knowledge or skills are required to resolve a dispute. The process is private,
confidential and more flexible
than formal court proceedings. |
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By
Public Affairs, Subordinate Courts
Next: Upcoming PS21-MFE
Forum
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