Adopting the peace approach to avoid unnecessary litigation: The Case of Goh Rosaline v Goh Lian Chyu and another

Adopting the peace approach to avoid litigation: the case of Goh Rosaline v Goh Lian Chyu and another This article is a follow-up to our previous article on the Peace Approach and Children,. This was written by Nur Shukrina Bte Abdul Salam, an intern of OTP Law Corporation. Apart from helping children go through the divorce process and reducing acrimony, the peace approach also reduces unnecessary litigation. This is done by diverting conflicts that can be settled through alternative dispute resolution (“ADR”) to the relevant channels. Courts can thus allocate their resources more efficiently and avoid being treated as a “boxing ring”, i.e. a place where sort out small differences between them whenever they wish. In our view, one such…

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Adopting the Peace Approach in the interest of the Child

Adopting the peace approach for the interest of the child This article is written by Nur Shukrina Bte Abdul Salam, an intern of OTP Law Corporation and Emelia Kwa, an associate of OTP Law Corporation When families go through disputes, be it over a divorce matter, an inheritance matter, or any other family-related conflict, it can get very acrimonious due to the personal nature of the issues. This is especially so when parties are involved in litigation, where parties perceive there to be a ‘winner’ and a ‘loser’. Consequently, parties go on the offensive to protect themselves. It is an incredibly stressful process that takes a toll on everyone involved, with little or no hope of peace between them, even…

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Litigation & Mediation: The Hybrid Method

litigation & mediation: the hybrid method This article is a follow-up to our series on the different ways divorce can be settled. This article was written by Daryl Er, an intern of OTP Law Corporation and Emelia Kwa, a trainee at OTP Law Corporation. The hybrid method refers to instances where litigation and mediation are used as two parallel tracks to resolve divorces. Here, lawyers are engaged for not only the litigation track but also to represent parties as their mediation advocates in mediation.At present, this hybrid method is already being used where parties have children below 21 years old. This is since after such parties have filed for divorce, they are required to go for mediation at the Child-Focused…

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Cyber law in Singapore: A Quick Overview

CYBER LAW IN SINGAPORE: A QUICK OVERVIEW This article is written by Eric Lip, a trainee at OTP Law Corporation Cyber law in Singapore: A Quick Overview (Part 1 of 2)The latest annual report by the Cyber Security Agency of Singapore (“CSA”) highlighted a worrying trend of increasing major cyber attacks as well as cyber-crime. Cyber-crimes now account for close to a staggering one-fifth of all crimes committed in Singapore.[1]The risks and threats in cyberspace are varied and laws are constantly evolving to tackle new threats. At present, there are 4 key pieces of legislation on this topic:i.  The Cybersecurity Act;ii.  The Personal Data Protection Act;iii.  The Computer Misuse Act; andiv.  Sectorial regulations, such as the MAS regulations for banks,…

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Litigation

litigation This article is the third part of a series on the different ways divorce can be settled. This article was written by Daryl Er (an intern of OTP Law Corporation) and Emelia Kwa (a trainee of OTP Law Corporation). The last dispute resolution mechanism to be considered is litigation. This is the traditional legal process where parties engage lawyers to provide legal advice and advocate their position before the court, who will make the final decision.Litigation is the most conflictual and rigid of the four methods, as parties and their lawyers each have to craft legal arguments and present a case which puts them in their best light (usually while making the other party look their worst), in order…

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Collaborative Practice

collaborative practice This article is the second part of a series on the different ways divorce can be settled. This article was written by Daryl Er (an intern of OTP Law Corporation) and Emelia Kwa (a trainee at OTP Law Corporation. Article was first published on OTP Law Corporation's website:  www.otp.sg A third (the second being mediation) track towards dispute resolution would be collaborative practice.What is it?Collaborative practice (CP), like mediation, looks at the interests of the parties.  However, it differs greatly in the type of people involved, i.e. specially trained CP lawyers and potentially other family specialists (e.g. financial advisers, child experts, counsellors etc.) who will work with the parties to negotiate an agreement that suits the family. CP happens…

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Protected: Mediation helps divorcing parties focus on real needs

Mediation helps divorcing parties focus on real needs This is the first part of a series on the different ways divorce can be settled. This article was first published 23 May, 2018 by TODAY .Author: PracticeForte Advisory Affiliate Lat Mun Loon of Amicus ConsultingI read with interest the reports “Divorce made less bitter with new mediation process” (May 18) and “Amicable divorce options not popular” (May 19).As a mediator, I affirm the direction taken by the courts and the Singapore Mediation Centre. A divorce should be settled as amicably as possible for the benefit of the children as well as everyone else involved.While divorce is a legal and social issue, it must first be seen as a painfully emotional family matter.Clients…

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Caught Between The Devil And The Deep Blue Sea

Caught between the devil and the deep blue sea Interview & Article by: Emelia Kwa, a trainee at OTP Law Corporation. http://www.practiceforte.sg/wp-content/uploads/2019/10/WhatsApp-Video-2019-10-03-at-6.33.47-AM.mp4For more information on Project Restructure, give us a call at +65 62213009Published: 28 February, 2019 Interviewee’s name has been changed to protect the identity and privacy of all parties involved. “I don’t really know how I survived” are not the words you’d expect to hear from someone speaking about their marriage. However, in Peter’s case, what he expected to be a fairy-tale romance turned out to be a lot more complicated in reality. Peter’s story is not uncommon – every marriage has its challenges and couples may find themselves struggling to make sense of the difficulties and changes they…

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Breaking down a marriage: How can it be done?

BREAKING DOWN A MARRIAGE: HOW CAN IT BE DONE? This is the first part of a series on the different ways divorce can be settled. This article was first published by OTP Law Corporation. Divorce is a harrowing process. Beyond the emotional trauma, there are typically a host of issues and complications, especially if there are children or substantial assets involved. These issues, big or small, need to be addressed before the divorce can be finalised.Sometimes, parties are able to come to an agreement on their own and thus result in an uncontested divorce. However, divorce will often be contested as spouses will usually not be able to totally agree on all aspects, especially for ancillary matters. In many cases,…

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The ABCs of Trusts

the abcs of trusts This article is written by Emelia Kwa, trainee of OTP Law Corporation Image Source: GoogleDespite being such an important part of our legal affairs, the concepts behind trusts can be rather intimidating to understand. We hope that this guide will be able to kick start your understanding of trusts.Who’s who? The settlor is the person who created the trust. He may or may not be the trustee of the trust as he can appoint someone else to be the trustee.The trustee is the person who has the legal right to control how the asset (e.g. property) of the trust in question is handled.The beneficiary is the person who benefits from the trust (i.e. he will obtain…

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