For many years, the courts have been grappling with the paradox of marriages—the most intimate of... more For many years, the courts have been grappling with the paradox of marriages—the most intimate of relationships—being dissolved in the courts that represent a public and adversarial setting. Despite the growth of divorce interventions, the perennial struggle remains in many courts on how to reduce the intense acrimony of divorce litigation. The question remains on the scope of “mainstream” interventions to be offered by the courts to divorce litigants. The current study therefore explores the use of court‐connected negotiation, mediation, and litigation in the Singapore Family Justice Courts. It uses a statistical method of survival analysis to produce insights on re‐litigation trends over time and to predict the future risk of re‐litigation. Mediated divorces were found to have consistently higher durability than litigated cases and negotiated settlements. Negotiated divorce outcomes had the worst durability when the survival analysis was done in relation to re‐litigation caused by...
When conjizs are not resolved in todqy's connected world, disputes inevitably arise, leading to l... more When conjizs are not resolved in todqy's connected world, disputes inevitably arise, leading to loss of business and credibiliy. Demandfor dispute resolution, both domestic and cross-border, is on the rise, and mediation is a popular way to resolve disputes quicky and cost-effectively. Howeve, despite the growth in the use of technology in various apects of our lives, mediation in Asia has been slow to embrace technology. This paper starts with a bief introduction to Online Dispute Resolution ("ODR') and its histog. It then seeks to explore how technology can be effecively leveraged in the mediaion contex, wirh a focus on the prospects in Asia. Looking to modelsfrom around the world, thispaper considers the various /ypes of onine mediation and their potential benefits and possible pi falls. Finally, this paper also seeks to address the question of how mediators can and should adapt their practice for the online context. Online Dispute Resolution ("ODR") has today become a collective term for a wide-ranging set of tools, technologies, and platforms to help disputants manage or resolve their disputes wholly or partially online.' These tools focus mainly on the management of information flow and communications between the two or more disputants, the mediator and the mediation service provider. They may range from simple email or telephone communications to sophisticated platforms that allow for real-time chats, cloud storage, exchange of documents, and video conferencing. Some ODR systems also leverage artificial intelligence 2 to modify the role played by the human neutral (the mediator) by providing informational tools to assist the human
One of the trends that has been growing in importance in international commercial dispute resolut... more One of the trends that has been growing in importance in international commercial dispute resolution has been the combining and mixing of modes, particularly of mediation and arbitration. Surveys of users indicate that the reason for this growth has been the perception that mixing of non-adjudicative and adjudicative modes can help to achieve certain process goals, such as international enforceability, cost-effectiveness and relationship preservation. This article first suggests an approach towards articulating the myriad ways that mediation and arbitration may be combined, focusing on mediation followed by arbitration (med-arb), arbitration followed by mediation (arb-med), and opening mediation windows in the arbitration process (arb-med-arb). It then discusses which of these mixed mediation and arbitration processes best achieves the goals of international enforceability, cost-effectiveness and relationship preservation. It is hoped that this endeavour will contribute to a greater...
This piece addresses two recent local decisions on similar fact evidence that demonstrate the cou... more This piece addresses two recent local decisions on similar fact evidence that demonstrate the court's difficulties with reconciling the provisions of the Evidence Act with a more flexible approach that can be developed through the common law. These two cases extend the basis for admitting similar fact evidence beyond ss 11(b), 14 and 15 of the Evidence Act. The application of the common law balancing test comparing prejudicial effect and probative value has also been broadened to consider factors such as the timing of the objection to the evidence and whether a co-accused wishes to rely on the similar fact evidence. Yet, the cases do not discuss the conceptual and normative justification for so doing, taking us further down the path of pragmatism over principle.
2018); this was a continuation of a series of gradual but important changes to the criminal justi... more 2018); this was a continuation of a series of gradual but important changes to the criminal justice system that had begun in 2010 when the old Criminal Procedure Code (Cap 68, 1985 Rev Ed) was replaced. This legislation comment outlines and briefly analyses some of the most substantive changes brought about by the 2018 amendments: the video-recording of interviews in criminal proceedings; the introduction of a psychiatrist panel to regulate the reception of evidence from expert psychiatric witnesses in criminal proceedings; and the use of deferred prosecution agreements for certain corporate offenders.
In line with international developments in court-connected mediation, the Singapore courts have s... more In line with international developments in court-connected mediation, the Singapore courts have strongly supported the use of mediation and have taken steps to encourage litigants to attempt mediation. This article features the very first empirical analysis of the Singapore courts' referral of civil cases to mediation. Although focused on Singapore, the results of the study also inform the referral policies of other judiciaries that similarly engage in the practice of referring cases for mediation. The study uses a rigorous method to shed light on the crucial factors to be considered by the courts in referral practice and designing of mediation programs. The research demonstrates that the timing of referral, the stage of litigation and the level of contentiousness between the disputants collectively exert a significant influence on the likelihood of settlement at mediation. These variables are also likely to have an impact on the participants' perception of mediation success...
" [A] mid the clash of arms, the laws are not silent"and it is up to judges to give voice to the ... more " [A] mid the clash of arms, the laws are not silent"and it is up to judges to give voice to the law. Acts of terrorism have not ceased since 11 September 2001 and news of fresh attacks or foiled attempts continues to surface regularly. It is not surprising that in order to preserve the nation state, governments have used legislative tools to deter and punish terrorism, including the tool of indefinite preventive detention. In this article, I analyse the pieces of legislation providing for indefinite preventive detention in Singapore, the United Kingdom and the United States, as well as the judicial response to them. Adopting Justice Aharon Barak's approach, I submit that the ideal role for the judiciary in responding to counter-terrorism is two-fold: (1) to bridge the gap between law and society and (2) to protect the constitution and democracy.
Recently, the Court of,4ppeal in Daniel Vijay s/o Katherasan v. Public Prosecutor took the view t... more Recently, the Court of,4ppeal in Daniel Vijay s/o Katherasan v. Public Prosecutor took the view that the law on common intention was not adequately settled in Singapore despite the 138-year history of s. 34 ofthe Penal Code. It went on to give an extensive review of the cases interpreting the section as well as its Indian equivalent, before setting out the proper approach to take in "twin crime" common intention cases, focusing specifically on the mens rea element required in order to establish constructive liabilityfor the secondary crime. This case note seeks to highlight the changes brought about by Daniel Vijay s/o Katherasan v. Public Prosecutor andto comment on the significance ofthese changes. I. 4 Nevertheless, in Daniel F'iay, the Court of Appeal went back to the origins of s. 34, reviewed how it had been interpreted and applied since then, and found that the Singapore courts had, over the years, strayed from what ought to have been the correct interpretation of the mens rea *Assistant Registrar (Supreme Court of Singapore), LL.B. (lions) (National University of Singapore) and LL.M. (Harvard University). The author would like to thank her family for their support and encouragement., and particularly her husband, without whom this note would not have been written.
practitioners have put forward the view that the attractiveness of conciliation would be increase... more practitioners have put forward the view that the attractiveness of conciliation would be increased if a settlement reached during a conciliation would enjoy a regime of expedited enforcement or would, for the purposes of enforcement, be treated as or similarly to an arbitral award. Guide to Enactment of the Model Law on International Commercial Conciliation (2004)
For many years, the courts have been grappling with the paradox of marriages—the most intimate of... more For many years, the courts have been grappling with the paradox of marriages—the most intimate of relationships—being dissolved in the courts that represent a public and adversarial setting. Despite the growth of divorce interventions, the perennial struggle remains in many courts on how to reduce the intense acrimony of divorce litigation. The question remains on the scope of “mainstream” interventions to be offered by the courts to divorce litigants. The current study therefore explores the use of court‐connected negotiation, mediation, and litigation in the Singapore Family Justice Courts. It uses a statistical method of survival analysis to produce insights on re‐litigation trends over time and to predict the future risk of re‐litigation. Mediated divorces were found to have consistently higher durability than litigated cases and negotiated settlements. Negotiated divorce outcomes had the worst durability when the survival analysis was done in relation to re‐litigation caused by...
When conjizs are not resolved in todqy's connected world, disputes inevitably arise, leading to l... more When conjizs are not resolved in todqy's connected world, disputes inevitably arise, leading to loss of business and credibiliy. Demandfor dispute resolution, both domestic and cross-border, is on the rise, and mediation is a popular way to resolve disputes quicky and cost-effectively. Howeve, despite the growth in the use of technology in various apects of our lives, mediation in Asia has been slow to embrace technology. This paper starts with a bief introduction to Online Dispute Resolution ("ODR') and its histog. It then seeks to explore how technology can be effecively leveraged in the mediaion contex, wirh a focus on the prospects in Asia. Looking to modelsfrom around the world, thispaper considers the various /ypes of onine mediation and their potential benefits and possible pi falls. Finally, this paper also seeks to address the question of how mediators can and should adapt their practice for the online context. Online Dispute Resolution ("ODR") has today become a collective term for a wide-ranging set of tools, technologies, and platforms to help disputants manage or resolve their disputes wholly or partially online.' These tools focus mainly on the management of information flow and communications between the two or more disputants, the mediator and the mediation service provider. They may range from simple email or telephone communications to sophisticated platforms that allow for real-time chats, cloud storage, exchange of documents, and video conferencing. Some ODR systems also leverage artificial intelligence 2 to modify the role played by the human neutral (the mediator) by providing informational tools to assist the human
One of the trends that has been growing in importance in international commercial dispute resolut... more One of the trends that has been growing in importance in international commercial dispute resolution has been the combining and mixing of modes, particularly of mediation and arbitration. Surveys of users indicate that the reason for this growth has been the perception that mixing of non-adjudicative and adjudicative modes can help to achieve certain process goals, such as international enforceability, cost-effectiveness and relationship preservation. This article first suggests an approach towards articulating the myriad ways that mediation and arbitration may be combined, focusing on mediation followed by arbitration (med-arb), arbitration followed by mediation (arb-med), and opening mediation windows in the arbitration process (arb-med-arb). It then discusses which of these mixed mediation and arbitration processes best achieves the goals of international enforceability, cost-effectiveness and relationship preservation. It is hoped that this endeavour will contribute to a greater...
This piece addresses two recent local decisions on similar fact evidence that demonstrate the cou... more This piece addresses two recent local decisions on similar fact evidence that demonstrate the court's difficulties with reconciling the provisions of the Evidence Act with a more flexible approach that can be developed through the common law. These two cases extend the basis for admitting similar fact evidence beyond ss 11(b), 14 and 15 of the Evidence Act. The application of the common law balancing test comparing prejudicial effect and probative value has also been broadened to consider factors such as the timing of the objection to the evidence and whether a co-accused wishes to rely on the similar fact evidence. Yet, the cases do not discuss the conceptual and normative justification for so doing, taking us further down the path of pragmatism over principle.
2018); this was a continuation of a series of gradual but important changes to the criminal justi... more 2018); this was a continuation of a series of gradual but important changes to the criminal justice system that had begun in 2010 when the old Criminal Procedure Code (Cap 68, 1985 Rev Ed) was replaced. This legislation comment outlines and briefly analyses some of the most substantive changes brought about by the 2018 amendments: the video-recording of interviews in criminal proceedings; the introduction of a psychiatrist panel to regulate the reception of evidence from expert psychiatric witnesses in criminal proceedings; and the use of deferred prosecution agreements for certain corporate offenders.
In line with international developments in court-connected mediation, the Singapore courts have s... more In line with international developments in court-connected mediation, the Singapore courts have strongly supported the use of mediation and have taken steps to encourage litigants to attempt mediation. This article features the very first empirical analysis of the Singapore courts' referral of civil cases to mediation. Although focused on Singapore, the results of the study also inform the referral policies of other judiciaries that similarly engage in the practice of referring cases for mediation. The study uses a rigorous method to shed light on the crucial factors to be considered by the courts in referral practice and designing of mediation programs. The research demonstrates that the timing of referral, the stage of litigation and the level of contentiousness between the disputants collectively exert a significant influence on the likelihood of settlement at mediation. These variables are also likely to have an impact on the participants' perception of mediation success...
" [A] mid the clash of arms, the laws are not silent"and it is up to judges to give voice to the ... more " [A] mid the clash of arms, the laws are not silent"and it is up to judges to give voice to the law. Acts of terrorism have not ceased since 11 September 2001 and news of fresh attacks or foiled attempts continues to surface regularly. It is not surprising that in order to preserve the nation state, governments have used legislative tools to deter and punish terrorism, including the tool of indefinite preventive detention. In this article, I analyse the pieces of legislation providing for indefinite preventive detention in Singapore, the United Kingdom and the United States, as well as the judicial response to them. Adopting Justice Aharon Barak's approach, I submit that the ideal role for the judiciary in responding to counter-terrorism is two-fold: (1) to bridge the gap between law and society and (2) to protect the constitution and democracy.
Recently, the Court of,4ppeal in Daniel Vijay s/o Katherasan v. Public Prosecutor took the view t... more Recently, the Court of,4ppeal in Daniel Vijay s/o Katherasan v. Public Prosecutor took the view that the law on common intention was not adequately settled in Singapore despite the 138-year history of s. 34 ofthe Penal Code. It went on to give an extensive review of the cases interpreting the section as well as its Indian equivalent, before setting out the proper approach to take in "twin crime" common intention cases, focusing specifically on the mens rea element required in order to establish constructive liabilityfor the secondary crime. This case note seeks to highlight the changes brought about by Daniel Vijay s/o Katherasan v. Public Prosecutor andto comment on the significance ofthese changes. I. 4 Nevertheless, in Daniel F'iay, the Court of Appeal went back to the origins of s. 34, reviewed how it had been interpreted and applied since then, and found that the Singapore courts had, over the years, strayed from what ought to have been the correct interpretation of the mens rea *Assistant Registrar (Supreme Court of Singapore), LL.B. (lions) (National University of Singapore) and LL.M. (Harvard University). The author would like to thank her family for their support and encouragement., and particularly her husband, without whom this note would not have been written.
practitioners have put forward the view that the attractiveness of conciliation would be increase... more practitioners have put forward the view that the attractiveness of conciliation would be increased if a settlement reached during a conciliation would enjoy a regime of expedited enforcement or would, for the purposes of enforcement, be treated as or similarly to an arbitral award. Guide to Enactment of the Model Law on International Commercial Conciliation (2004)
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