| dc.contributor.author | SALEH, MUHAMMAD RIDHWAN | |
| dc.contributor.author | KASSIM, PUTERI NEMIE JAHN | |
| dc.date.accessioned | 2017-07-21T06:33:32Z | |
| dc.date.available | 2017-07-21T06:33:32Z | |
| dc.date.issued | 2017-04-04 | |
| dc.identifier.uri | http://repository.umy.ac.id/handle/123456789/11687 | |
| dc.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 exist 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. | en_US |
| dc.description.abstract | 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 exist 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. | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | Faculty of Law & Board of Research, Educational Development and Community Empowerment (LP3M) Universitas Muhammadiyah Yogyakarta | en_US |
| dc.subject | Legal, Economic, Civil Dispute, Resolution Process | en_US |
| dc.title | THE LEGAL AND ECONOMIC RAMIFICATIONS OF APOLOGY IN CIVIL DISPUTE RESOLUTION PROCESS | en_US |
| dc.type | Book | en_US |
