LITIGATE OR ARBITRATE OR MEDIATE?

6th July 2023

Observations on the 2022 survey by the Singapore International Dispute Resolution Academy

Some weeks ago, I attended a debate at Essex Court Chambers - (which was also live streamed via Zoom), convened by the Singapore International Dispute Resolution Academy (SIDRA) of Singapore Management University (SMU). The event also aired key findings from SIDRA’s latest Dispute Resolution Survey run with SMU’s School of Law. The survey Report ‘sliced and diced’ responses from a surprisingly low number of respondents (139) of which 107 were dispute resolution lawyers. These factors scored HIGH in the survey for importance and satisfaction: - 

 

Mediation     -    preservation of business relationships

Arbitration    -    confidentiality and flexibility

Litigation     -     finality and enforceability

 

Rachel Tan Xi En summarised some of the survey’s findings, and then Lucas Bastin KC, Ashique Rahman and Nelson Goh valiantly argued the merits of litigation, arbitration and mediation respectively.

 

The advantage of mediation in ‘avoiding ego-bruising’ was I, felt a compelling element of Nelson’s argument.

 

PAJM pic

 

paul.may@concordiaconsultancy.com

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