As an experienced divorce lawyer in Singapore, I have witnessed the emotional and psychological impact that legal disputes can have on the parties involved. In order to address this, I am a strong advocate for therapeutic justice, an approach to conflict resolution that prioritizes the emotional well-being of individuals involved in legal disputes. In this article, we will explore what therapeutic justice entails, its benefits, and how it is applied in Singapore, particularly in family law cases.
What is Therapeutic Justice?
Therapeutic justice is an approach to conflict resolution that emphasizes the emotional needs of parties involved in legal disputes. This approach recognizes that legal proceedings, especially in family law cases, can be stressful and emotionally taxing. Therapeutic justice aims to provide a supportive and non-adversarial environment for parties to resolve their disputes, with a focus on the needs of the parties involved rather than solely on the legal issues at hand.
As Justice Debbie Ong has aptly described in the case of VVB v VVA [2022] SGHCF 1 at [27]:
“…Therapeutic justice is not about parties feeling happy and satisfied that they got whatever they sought in their present dispute. In fact, for both parties to obtain what each wanted in the first place is not practically possible without some compromise – the parties had, after all, a dispute that they simply could not resolve on their own. It would be a grave misperception of the therapeutic justice system if parties feel entitled to be “pandered to” during the court proceedings. Instead, a therapeutic justice system involves parties making what they may perceive to be “sacrifices” – letting go of what has hurt them deeply, refraining from doing “inflammatory” acts against the other party, compromising by giving in and cooperating with the other party in some issues, taking responsibility where required and finding the will to recast the future…”
Benefits of Therapeutic Justice
One significant benefit of therapeutic justice is that it helps to reduce the emotional toll of legal disputes. By considering the psychological well-being of the parties involved, the court can create a compassionate and supportive environment that helps to mitigate the negative effects of litigation. This is particularly important in family law cases, where ongoing relationships such as co-parenting must be maintained.
Another advantage of therapeutic justice is that it promotes settlement and reduces the need for litigation. By providing parties with a non-adversarial environment to resolve their disputes, the court can encourage them to work together to find a mutually acceptable solution. This can save both time and money, as well as reducing the emotional impact on the parties involved.
Therapeutic Justice in Singapore
The concept of therapeutic justice has gained traction in recent years in Singapore, particularly in the Family Justice Courts (“FJC”). The FJC was established in 2014 to provide a more integrated and holistic approach to family justice matters and operates on the principle of therapeutic justice, seeking to provide a supportive and non-adversarial environment for parties to resolve their disputes.
Applying Therapeutic Justice in Family Law Cases
It is recognised that application of therapeutic justice in family law cases requires coordinated effort from the entire legal ecosystem. Family lawyers in Singapore are of course, one of the key players in the legal landscape.
Family lawyers in Singapore can implement therapeutic justice principles by adopting a more holistic and compassionate approach to family law cases. They could provide emotional support to their clients and encourage them to engage in non-adversarial methods of dispute resolution, such as mediation. By doing so, family lawyers can help to minimize the emotional toll of legal disputes on their clients.
For divorcing parties in Singapore, therapeutic justice means having access to a supportive and non-adversarial environment in which to resolve their disputes. The court system recognizes the emotional impact that divorce and child custody disputes can have on the parties involved and seeks to provide a supportive environment to help parties move forward.
Conclusion
In conclusion, the implementation of therapeutic justice principles in family law cases in Singapore is a significant step forward in recognizing the emotional toll that legal disputes can have on individuals. By prioritizing the emotional needs of parties involved, therapeutic justice can create a supportive and non-adversarial environment that helps to mitigate the negative effects of litigation.
