The legal and economic ramifications of apology in civil dispute resolution process

In recent years, the role of apology in resolving conflicts and preventing litigation has gained much prominence. Particularly, in civil litigation, apology has the potential to promote negotiations, generate settlements and to some extent mitigate and absolve liability. During the civil dispute res...

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Main Authors:	Saleh, Muhammad Ridhwan, Jahn Kassim, Puteri Nemie
Format:	Conference or Workshop Item
Language:	English
Published:	Universitas Muhammadiyyah Yogyakarta 2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/56469/ http://irep.iium.edu.my/56469/ http://irep.iium.edu.my/56469/19/56469-new.pdf

id	iium-56469
recordtype	eprints
spelling	iium-564692017-04-28T02:16:26Z http://irep.iium.edu.my/56469/ The legal and economic ramifications of apology in civil dispute resolution process Saleh, Muhammad Ridhwan Jahn Kassim, Puteri Nemie K Law (General) In recent years, the role of apology in resolving conflicts and preventing litigation has gained much prominence. Particularly, in civil litigation, apology has the potential to promote negotiations, generate settlements and to some extent mitigate and absolve liability. During the civil dispute resolution process, apology can exists and be used at various stages from the moment the wrong has been committed until the end of the pre-action and pre-trial procedures. Further, apology has been long recognised as an effective tool in the alternative dispute resolution process and a mitigating factor in cases on defamation and contempt of court. Studies have also shown that apology has been efficient in settling family disputes by expediting the reconciliation process. Although some apologies may be protected under the principle of “without prejudice communication” which promotes settlement out of court, it nevertheless, has the effect of being a “double-edged sword” and be used against the party who offered the apology as an evidence to establish guilt. In view of this, several jurisdictions have developed legal mechanisms to counter the negative effects of apologies while at the same time, trying to safeguard the benefits of apologies in promoting early settlements and reducing the number of litigated cases. By doing so, positive consequences whether financially as well as economically, can be seen in relation to the amount of compensation awarded as well as the relevant legal costs incurred at the end of the civil dispute resolution process. As such, this research paper seeks to discuss the ramifications of apology from the legal as well as economic perspectives in relation to civil disputes with the aim of safeguarding the benefits of apologies as well as promoting the use of apologies at various stages of the civil dispute resolution process. Universitas Muhammadiyyah Yogyakarta 2017 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/56469/19/56469-new.pdf Saleh, Muhammad Ridhwan and Jahn Kassim, Puteri Nemie (2017) The legal and economic ramifications of apology in civil dispute resolution process. In: International Conference on Law and Society 6 (ICLAS 6), 4th-7th April 2017, Yogyakarta, Indonesia. http://iclas6.umy.ac.id/background/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Saleh, Muhammad Ridhwan Jahn Kassim, Puteri Nemie The legal and economic ramifications of apology in civil dispute resolution process
description	In recent years, the role of apology in resolving conflicts and preventing litigation has gained much prominence. Particularly, in civil litigation, apology has the potential to promote negotiations, generate settlements and to some extent mitigate and absolve liability. During the civil dispute resolution process, apology can exists and be used at various stages from the moment the wrong has been committed until the end of the pre-action and pre-trial procedures. Further, apology has been long recognised as an effective tool in the alternative dispute resolution process and a mitigating factor in cases on defamation and contempt of court. Studies have also shown that apology has been efficient in settling family disputes by expediting the reconciliation process. Although some apologies may be protected under the principle of “without prejudice communication” which promotes settlement out of court, it nevertheless, has the effect of being a “double-edged sword” and be used against the party who offered the apology as an evidence to establish guilt. In view of this, several jurisdictions have developed legal mechanisms to counter the negative effects of apologies while at the same time, trying to safeguard the benefits of apologies in promoting early settlements and reducing the number of litigated cases. By doing so, positive consequences whether financially as well as economically, can be seen in relation to the amount of compensation awarded as well as the relevant legal costs incurred at the end of the civil dispute resolution process. As such, this research paper seeks to discuss the ramifications of apology from the legal as well as economic perspectives in relation to civil disputes with the aim of safeguarding the benefits of apologies as well as promoting the use of apologies at various stages of the civil dispute resolution process.
format	Conference or Workshop Item
author	Saleh, Muhammad Ridhwan Jahn Kassim, Puteri Nemie
author_facet	Saleh, Muhammad Ridhwan Jahn Kassim, Puteri Nemie
author_sort	Saleh, Muhammad Ridhwan
title	The legal and economic ramifications of apology in civil dispute resolution process
title_short	The legal and economic ramifications of apology in civil dispute resolution process
title_full	The legal and economic ramifications of apology in civil dispute resolution process
title_fullStr	The legal and economic ramifications of apology in civil dispute resolution process
title_full_unstemmed	The legal and economic ramifications of apology in civil dispute resolution process
title_sort	legal and economic ramifications of apology in civil dispute resolution process
publisher	Universitas Muhammadiyyah Yogyakarta
publishDate	2017
url	http://irep.iium.edu.my/56469/ http://irep.iium.edu.my/56469/ http://irep.iium.edu.my/56469/19/56469-new.pdf
first_indexed	2023-09-18T21:19:41Z
last_indexed	2023-09-18T21:19:41Z
_version_	1777411798178201600

The legal and economic ramifications of apology in civil dispute resolution process

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