New centre to coordinate mediation; new court for reintegrating offenders
By Yeo Sam Jo And Joyce Lim, The Straits Times, 8 Mar 2014
A CENTRE to coordinate dispute resolution efforts and a court to monitor offender rehabilitation are to be launched at the newly named State Courts - formerly the Subordinate Courts.
Chief Justice Sundaresh Menon revealed the developments in his keynote address at the courts' annual workplan seminar yesterday, after he officiated its renaming and unveiled its new logo.
The Centre for Dispute Resolution, to open by the end of this year, will coordinate existing mediation efforts out of court.
The Progress Accountability Court, which has no fixed opening date yet, will focus on the rehabilitation and reintegration of offenders into society after sentencing.
The Chief Justice said: "The authority of the court can be deployed in appropriate cases to motivate offenders to be accountable for positive change in their own lives. Our criminal justice system is well-known for its emphasis on rehabilitation and this has contributed to recidivism rates that generally compare favourably with those of other jurisdictions."
Singapore Prison Service statistics released last month showed overall recidivism has remained relatively stable over the years, with about one in four inmates falling back to their old ways.
In its pilot stage, the new court will focus on offenders who have been given probation and community-based sentences. It will monitor their rehabilitation through regular and ad hoc reviews, which can be attended by close relatives and probation case officers. Discussions are being held with agencies such as the Singapore Prison Service and the Ministry of Home Affairs. It is not yet known whether offenders will have their sentences reviewed if their progress reports are unsatisfactory.
Criminal lawyer Rajan Supramaniam backed this approach. "Some probationers simply go through the motion without setting any meaningful goals," said the former senior prison officer. "By involving the family members in the review process, these family members would also be able to give feedback to the court on the lapses and difficulties faced by them. The relationships of the offenders and their families could also be strengthened."
The Centre for Dispute Resolution will centralise efforts to support alternative dispute resolutions (ADRs) out of court, which already lead to more than 80 per cent of cases resulting in settlements.Since 2012, all civil cases have had to go through mediation under a "presumption of ADR", unless a party opts out, said the Chief Justice. Mediation services are currently available through several courts, private providers and community mediation centres, but are not centralised.
Criminal lawyer Rajan Supramaniam backed this approach. "Some probationers simply go through the motion without setting any meaningful goals," said the former senior prison officer. "By involving the family members in the review process, these family members would also be able to give feedback to the court on the lapses and difficulties faced by them. The relationships of the offenders and their families could also be strengthened."
The Centre for Dispute Resolution will centralise efforts to support alternative dispute resolutions (ADRs) out of court, which already lead to more than 80 per cent of cases resulting in settlements.Since 2012, all civil cases have had to go through mediation under a "presumption of ADR", unless a party opts out, said the Chief Justice. Mediation services are currently available through several courts, private providers and community mediation centres, but are not centralised.
Said family lawyer Rajan Chettiar: "The present ADR system works well, but the centre will institutionalise it and contribute to a more vibrant mediation culture here, which is good. A lot of people are filing frivolous lawsuits, which are often brought about by miscommunication. We should move towards a culture of solving disputes amicably. Litigation should be the last resort."
Mr Aloysius Goh, associate mediator with the Primary Dispute Resolution Centre at the State Courts and head of a private company's mediation unit, agreed. "Many don't fully recognise the personal costs of going to court," he said. "It's not just the legal fees, but also the time and stress that's involved. The centre will make mediation more accessible."
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