Litigating over Mediation: How should the Courts enforce Mediated Settlement Agreements?
The courts have long supported the enforcement of compromise agreements, including settlements arrived at in the course of mediation. However, the recent trend in many countries, including Singapore, of enacting statutory provisions for the enforcement of mediated agreements suggests that the existi...
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sg-smu-ink.sol_research-37042016-09-23T01:36:12Z Litigating over Mediation: How should the Courts enforce Mediated Settlement Agreements? QUEK ANDERSON, Dorcas The courts have long supported the enforcement of compromise agreements, including settlements arrived at in the course of mediation. However, the recent trend in many countries, including Singapore, of enacting statutory provisions for the enforcement of mediated agreements suggests that the existing legal framework may be inadequate to support the mediation process. This paper examines the current principles used by the courts in determining the enforcement of mediated settlements, assessing them in light of the underlying values of mediation and contract law. This is followed by a brief analysis of how mediation confidentiality has been impacted by the current legal framework. In examining the preferred way forward, the paper also surveys various ways of buttressing the legal framework, and puts forward a few recommendations. 2015-07-01T07:00:00Z text https://ink.library.smu.edu.sg/sol_research/1752 Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Mediation Law enforcement Contracts Dispute resolution (Law) Appellate procedure Asian Studies Dispute Resolution and Arbitration |
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Mediation Law enforcement Contracts Dispute resolution (Law) Appellate procedure Asian Studies Dispute Resolution and Arbitration QUEK ANDERSON, Dorcas Litigating over Mediation: How should the Courts enforce Mediated Settlement Agreements? |
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The courts have long supported the enforcement of compromise agreements, including settlements arrived at in the course of mediation. However, the recent trend in many countries, including Singapore, of enacting statutory provisions for the enforcement of mediated agreements suggests that the existing legal framework may be inadequate to support the mediation process. This paper examines the current principles used by the courts in determining the enforcement of mediated settlements, assessing them in light of the underlying values of mediation and contract law. This is followed by a brief analysis of how mediation confidentiality has been impacted by the current legal framework. In examining the preferred way forward, the paper also surveys various ways of buttressing the legal framework, and puts forward a few recommendations. |
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QUEK ANDERSON, Dorcas |
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QUEK ANDERSON, Dorcas |
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QUEK ANDERSON, Dorcas |
title |
Litigating over Mediation: How should the Courts enforce Mediated Settlement Agreements? |
title_short |
Litigating over Mediation: How should the Courts enforce Mediated Settlement Agreements? |
title_full |
Litigating over Mediation: How should the Courts enforce Mediated Settlement Agreements? |
title_fullStr |
Litigating over Mediation: How should the Courts enforce Mediated Settlement Agreements? |
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Litigating over Mediation: How should the Courts enforce Mediated Settlement Agreements? |
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litigating over mediation: how should the courts enforce mediated settlement agreements? |
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Institutional Knowledge at Singapore Management University |
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2015 |
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https://ink.library.smu.edu.sg/sol_research/1752 |
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