On the last day of the year, like many of you, I find myself reflecting on the events of the past 12 months, the highs and lows, the tensions and the takeaways. Here is one of the takeaways. In January this year I spent a day hiking through some spectacular scenery in Hong Kong. We…

I would like to spend this month’s entry reporting on the recent developments in the Singapore Court of Appeal. The case of Surindar Singh s/o Jaswant Singh v Sita Jaswant Kaur [2014] SGCA 37 make a number of pronouncements about the status of settlement agreements brought about by mediation in the context of the division…

Intellectual life is beset by ‘gap’ problems. Philosophers wrestle with the ‘mind-body problem’: the gap between material and non-material aspects of human existence. All science can be construed as an attempt to bridge the gap between what is and what we can imagine: an inductive corrective to deductive supposition. Roger Cotterrell describes law’s gap problem…

From the Samoan Observer 28 August 2013 Chief Justice, His Honour Patu Tiava’asue Falefatu Sapolu yesterday launched Samoa’s Mediation Rules 2013 during a gathering at the Samoa Tourism Authority (STA) fale. Prime Minister Tuilaepa Sa’ilele Malielegaoi was among Cabinet Ministers and senior government officials present. Also present was the Speaker of the House, La’auli Leuatea…

According to the National Council of Justice, there are close to 90 million lawsuits currently in course in Brazil. On average, it takes around 10 years for a lawsuit to reach closure after all appeals have been exhausted. In an effort to face this almost unbearable situation, the Brazilian court system has been fostering several…

This month of May witnessed the launch of the India International ADR Association (IIADRA). And what a blast it was! Judicial luminaries, leading lights of the legal profession, business leaders and politicians all descending upon the gorgeous port city of Kochi on the southwestern Indian coast in the state of Kerala. At first glance Kochi…

In a previous posting I looked at Hong Kong’s new Mediation Ordinance, which came into force on 1 January 2013. This legislative activity comes hot on the heels of a major revision of the Hong Kong Arbitration Ordinance which came into effect in 2011. Given the increasing interest in multi-tiered dispute resolution (MDR) processes such…

Well, the New Year is a time for reflections, making new resolutions and fresh starts. In Hong Kong the 1st of January 2013 saw a fresh start for the mediation regulatory regime with the coming into force of the Mediation Ordinance (MO), which I wrote about last month. But it’s not just the MO, which…