Therapeutic Justice in Family Cases: The Mediation Advocate (Part 5)

Therapeutic Justice in Family Cases: The Mediation Advocate -Part 5 By Susan Tay, Co-Founder of PracticeForte & OTP Law Corporation. This is the 5th part of a series on therapeutic justice and how it may be applied in family cases in Singapore. You may read Part 1 here, Part 2 here, Part 3  and Part 4 here. In these parts, we dealt 1stly with how the essence of Therapeutic Justice for family cases is in the healing. The next parts involve the perspectives and roles of the different players  and they are namely, The Lawyer, The Accountant, The Mediator and in this article, The Mediation Advocate. Family cases will be restricted to divorces and the issues arising out of a…

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The Future of Family Practice

the future of family practice This article was first published in Law Gazette, an official publication of The Law Society of Singapore. By Rajan Chettiar, PracticeForte Advisory Affiliate“You are too nice,” he said. “How do you want me to be at a mediation?” I replied. “I am worried,” he said. I had given an assessment of the outcome at the mediation to him. “If you are worried, I cannot do anything for you,” I replied. This is an exchange I had with a client recently who wanted adversarial conduct during a mediation.If being non-adversarial is a cause for complaint in family proceedings, then we cannot fault lawyers who are litigious during mediation or in Family Court proceedings. The complaints of lawyers’…

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UZN v UZM – Dissipation of Assets and Adverse Inference– A Lawyer’s Perspective Part 2

UZN v UZM – Dissipation of Assets and Adverse Inference– A Lawyer’s Perspective Part 2 By Susan Tay of OTP Law Corporation This is part 2 of my article on the case of UZN v UZM. In Part 1 of my article here, I gave some background on the rationale behind dividing matrimonial assets. You can read the one from the perspective of a forensic accountant, Wan Yew Fai of Strix Strategies Pte Ltd, here. Both Wan Yew Fai and I are part of PracticeForte Advisory, a multi-disciplinary grouping of professionals. We often work as a team in matrimonial cases especially when the matrimonial estate comprises of more complex portfolios like shares, equity in companies, real estates in different countries…

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Therapeutic Justice in Family Cases – The Lawyer (Part 2)

Therapeutic Justice in Family Cases : The Lawyer - Part 2 Article by PracticeForte Advisory Affiliate Susan Tay of OTP Law Corporation This article was first published by OTP Law Corporation. This is the 2nd of a 4-part series on therapeutic justice and how it may be applied in family cases in Singapore. You may read Part 1 here where I wrote about how the essence of Therapeutic Justice for family cases is in the healing. The next 3 parts involve the perspectives and roles of the different players involved and they are namely, The Lawyer, The Accountant and The Counsellor. In the context of these articles, family cases will be restricted to divorce and the issues arising out of…

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Therapeutic Justice in Family Cases (Part 1)

Therapeutic Justice in Family Cases –Part 1 Article by PracticeForte Advisory Affiliate Susan Tay of OTP Law Corporation. This article was first published by OTP Law Corporation. This is the 1st of a 4 part series on therapeutic justice and how it may be applied in family cases in Singapore. In the other 3 instalments, we will explore the role of different players in the administration of therapeutic justice, namely, The Lawyer, The Counsellor and The Accountant. In the context of these articles, family cases will be restricted to divorce and the issues arising out of a divorce i.e. property division, financial support and importantly, children’s matters including custody, care and control, access. Heal Us Not Kill Us If I…

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Covid, Co-Parenting? Just Cooperate

COVID, CO-PARENTING? JUST COOPERATE. Article by Susan TayThis article was first published by OTP Law Corporation Disclaimer: This article is for parents who love their children, protect them and want what’s best for them. Not the rare few where the law has been unequivocal in saying children are not safe with.Is It Really Between the Devil and the Deep Blue Sea?Circuit breaker, 4 weeks, (and may be counting; for which we can only hope for the best but wisely expect the worst), the prospect of no physical contact with your child/children. That can be rather heart breaking for most parents. But ask the parents, will they rather suffer not holding their child or put their child’s safety at risk and…

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PF Mediate – MEDIATION FOR HAGUE CONVENTION & RELOCATION CASES PART 2 – Travelling Mediators

PF Mediate – MEDIATION FOR HAGUE CONVENTION & RELOCATION CASES PART 2 – Travelling Mediators This article is written by PracticeForte Advisory Affiliate Susan Tay (Mediator, Collaborative Practice Lawyer, Parenting Co-Odinator) I am writing this while serving self-quarantine and working off site. Mylene and I were away in Thailand when we were suddenly told to “grab the 1st flight out and come home” if we want to avoid the mandatory 14 day stay home notice. We were due back 2 days later but heeded all the advice, cancelled our return flight, booked 1st and only flight out of Bangkok the next morning and flew back. That was last week.I have been working away from office. I haven’t seen my colleagues or mum…

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Collaborative Divorce

collaborative divorce This article is written by Rajan Chettiar (an affiliate of PracticeForte Advisory) and was first published the Asian Journal on Mediation. This article explores the use of collaborative practice as opposed to litigation to help divorcing couples to reach an out of court settlement. It discusses how a collaborative divorce would work and the roles of the people involved in the process. The article then makes a comparison between collaborative practice, mediation, and litigation in the context of divorce proceedings. By assessing the advantages and disadvantages of a collaborative divorce, this article makes a case for collaborative divorces. The article then examines the experiences of the US, Canada, Australia, and Hong Kong and discusses how collaborative practice can…

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Are Parents Always Liable for Their Children’s Maintenance?

Are parents always liable for their children's maintenance? This article was written by Eric Lip and Emelia Kwa, associates at OTP Law Corporation. Both passages below are a fictional re-telling of the facts of the case, to provide each party’s possible perspectives. UYT v UYU - Are parents always liable for their children’s maintenance?A son’s thoughts My parents divorced when I was 8 years old. Back then, they had decided that my dad wouldn’t have to support me financially. For the rest of my life, my mum was the one who single-handedly raised me and supported me, without any help from my dad. Over the years, my dad began life anew and remarried. I now have two step-brothers. My dad…

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A Thankful Attendee of the Cross-Border Mediation Masterclass

A Thankful Attendee of the Cross-Border Mediation Masterclass This article is written by Chloe Chua Kay Ee - National University of Singapore, Faculty of Law On 16 October 2019, a couple of friends and I attended the Cross-Border Mediation Masterclass jointly organised by PracticeForte, ALSA Singapore and SMU Law International Relations Club. As final year law students who are keen on going into family law, this 4-hour workshop was deeply enriching and beneficial to us. Furthermore, it managed to be what most typical law classes have failed to be, it was fun! The Masterclass could be broadly categorised into 2 categories – the seminars, which equipped us with the fundamentals of cross-border mediation and gave us insight into practical experiences,…

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