Apologising 'Safely' in Mediation

(2005) Australasian Dispute Resolution Journal 40

UWA Faculty of Law Research Paper

15 Pages Posted: 24 Oct 2014

See all articles by Robyn Carroll

Robyn Carroll

University of Western Australia

Date Written: 2005

Abstract

Apologies are often given during mediation. Expressions of regret, remorse, sorrow or sympathy may go some way to resolving the conflict between parties in mediation. Parties and mediators will benefit from understanding how the law and lawyers view apologies. What are the legal implications of making an apology? Why are parties sometimes advised by their lawyers not to apologise? What benefits are there from a legal perspective for a party to make an apology in mediation? Is it possible to apologise “safely”? This article explores the answers to these questions and the meaning of “apology” in the legal context.

Suggested Citation

Carroll, Robyn, Apologising 'Safely' in Mediation (2005). (2005) Australasian Dispute Resolution Journal 40, UWA Faculty of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=2511099

Robyn Carroll (Contact Author)

University of Western Australia ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

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