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 CorporationWe 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 State…

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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

Project restructure family matters "CAUGHT BETWEEN THE DEVIL AND THE DEEP BLUE SEA". Interview & Article by: Emelia Kwa, a trainee at OTP Law Corporation. Published: 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 are going through. However, as Peter’s case demonstrates,…

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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, parties…

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The ABCs of Trusts

The ABCs of Trusts Image Source: Google This article is written by Emelia Kwa, trainee of OTP Law Corporation Despite 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…

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An Interview With PracticeForte Advisory Affiliate Ms. Susan Tay On Being Paper-Less

An Interview With PracticeForte Advisory Affiliate Ms. Susan Tay from OTP Law Corporation on Being Paper-Less. The interview was conducted by our technology collaborator, Ms Serena Lim of Bizibody Technology Pte Ltd, this interview can be viewed as part of a workshop by Singapore Academy of Law LIFTED titled Legal Workplace Productivity Solutioning.Registration for the online training module is at  https://lifted.teachable.com/p/using-technology-to-run-a-productive-law-practice .

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The Split After The Split – Part 2

The Split After The Split - Part 2 Article By: PracticeForte Advisory Affiliate Ms. Susan Tay of OTP Law Corporation. Explaining Fair and Equitable Division of Matrimonial Assets-Global Assessment Method for Long, Single-Income MarriageJust when we thought the law is fairly settled after ANJ v ANK [2015] SGCA 34, our apex court concludes in a recent case of TNL v TNK [2017] SGCA 15 that the approach in ANJ will not work for a single income family as it tends to favour the working spouse over the non-working spouse. In the ANJ approach, financial contributions are given weight in both steps. To recollect, the steps stated in the ANJ approach are as follows:1st Step, work out the proportion of direct contributions (cash paid directly toward the acquisition of assets)2nd Step, work…

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The Split After The Split – Part 1

The Split After The Split - Part 1 Article By: PracticeForte Advisory Affiliate Ms. Susan Tay of OTP Law Corporation This is the first of 2 articles to help explain how our courts distribute matrimonial assets fairly and equitably after a marriage ends. Part 1 focuses on dual income families where both spouses worked during the marriage and contributed financially to the acquisition of their matrimonial assets.We cannot deal with this subject without dwelling into the 2015 court of appeal case of ANJ v ANK [2015] SGCA 34. In ANJ, the couple who were married for 9 years, both worked and contributed financially toward the acquisitions of their matrimonial assets. They had 2 young children, 12 & 8.This case seals our apex court’s…

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Same Sex Marriage & Their Rights

The Voices of Wan and Her Wife Elodie Article By: Wan Cheng & ElodieWan Cheng (“Wan”) and Elodie are a bi-national couple who had met through their love of sports. Elodie who’s French, worked in Indonesia for 3 years before a new work assignment brought her back to Paris.Although it was already possible for same-sex couples to be “PAC-sed” (pacte civil de solidarité or civil solidarity pact) in France since 1999, the legalization of same-sex marriage in France in 2013 and the timing of Elodie’s new job assignment accelerated Wan’s decision to quit the teaching service and move away from Singapore to build her life together with Elodie in Paris where they both have been living now for the past 4 years.A…

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An Interview With PracticeForte Advisory Affiliate Ms. Susan Tay of OTP Law Corporation on Practice, Pupillage & Pro Bono

An Interview with PracticeForte Advisory Affiliate Ms. Susan Tay On Practice, Pulillage and Pro Bono. An Interview With PracticeForte Advisory Affiliate Ms. Susan Tay by Emelia Kwa. Q: You have accumulated over a decade’s worth of experience in matrimonial litigation. What motivated you to delve into such a specialised field of practice, and did you ever consider practicing corporate law instead?A: I actually started doing matrimonial litigation by chance. My very first litigation case after I became my own boss was a matrimonial case. It started when a friend of a friend approached me for help in her divorce. After that I realised that it was rewarding in a way other cases are not – you’re helping someone in something that’s…

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