Apology Legislation and its Implications for International Dispute Resolution
2015 9(2) Dispute Resolution International 115
25 Pages Posted: 21 Oct 2015
Date Written: 2015
Abstract
The importance of apologies in resolving civil disputes is well documented amongst researchers, practitioners and lawmakers. Yet fears that an apology will be treated as an admission of liability or disentitle a defendant to claim an insurance payout often puts a ‘chill’ on apologetic behaviour. Recognising the value that an apology can hold for parties to a dispute and with the intent of reducing this ‘chill’, a growing number of legislatures in the common law world have enacted legislation that ‘protects’ apologies offered in some contexts. This article overviews this legislation, with an emphasis on recent developments and practical implications of this legislation for international dispute resolution practitioners and their clients.
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