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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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

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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Mediation and Civil Disputes

Mediation and Civil Disputes This article was written by Daryl Er (an intern of OTP Law Corporation) and Emelia Kwa (a trainee at OTP Law Corporation). This article was published by OTP Law Corporation We have previously covered what mediation entails in our Basic Guide to Mediation. Having covered many instances where mediation could have been helpful in family cases, we decided to turn the focus a bit onto how mediation can be helpful in civil litigation matters.What do you mean by civil litigation?These are usually cases that start by a writ of summons or originating summons.Where does one go for mediation then?In addition to private mediators, there are two places you can consider when considering mediation for your civil dispute:The…

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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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