Apologies, apology legislation and civil disputes: the practical implications of apology legislation for dispute resolution practitioners and their clients

Andrew Agapiou, Sai On Cheung

Research output: Contribution to journalArticle

Abstract

An apology is arguably the most effective way for a defendant, or other alleged violator of an accepted legal standard, duty or obligation, to demonstrate their assumed responsibility for a wrong committed. Whether an apology is heartfelt, or more calculated and pro forma, there is little question that when an apology is delivered, its maker has assumed at least moral responsibility for the act or omission in question. Societies tend to respect individuals that ‘own up’ to their faults, admit mistakes, take responsibility for their conduct, and offer an appropriate apology to any affected innocent persons. Radzik and Murphy explain that apologising is likely the most explicit manner through which human errors of any kind are acknowledged; ‘well-formed’ apologies implicitly acknowledge wrongdoing, responsibility, and an expression of regret or remorse. However, as the following critical discussions tend to confirm, apologies can also create a legal liability minefield for dispute resolution (DR) practitioners and their clients alike.
LanguageEnglish
Pages133-140
Number of pages8
JournalArbitration
Volume83
Issue number2
Publication statusPublished - 1 May 2017

Fingerprint

legislation
responsibility
human error
liability
obligation
respect
human being
society

Keywords

  • apology
  • arbitration
  • dispute resolution
  • mediation
  • apologies legislation
  • British Columbia
  • comparative law
  • international arbitration
  • legislation
  • Massachusetts
  • Scotland

Cite this

@article{93532dbe5f4e43d6bee2bc8d9e3c6394,
title = "Apologies, apology legislation and civil disputes: the practical implications of apology legislation for dispute resolution practitioners and their clients",
abstract = "An apology is arguably the most effective way for a defendant, or other alleged violator of an accepted legal standard, duty or obligation, to demonstrate their assumed responsibility for a wrong committed. Whether an apology is heartfelt, or more calculated and pro forma, there is little question that when an apology is delivered, its maker has assumed at least moral responsibility for the act or omission in question. Societies tend to respect individuals that ‘own up’ to their faults, admit mistakes, take responsibility for their conduct, and offer an appropriate apology to any affected innocent persons. Radzik and Murphy explain that apologising is likely the most explicit manner through which human errors of any kind are acknowledged; ‘well-formed’ apologies implicitly acknowledge wrongdoing, responsibility, and an expression of regret or remorse. However, as the following critical discussions tend to confirm, apologies can also create a legal liability minefield for dispute resolution (DR) practitioners and their clients alike.",
keywords = "apology, arbitration, dispute resolution, mediation, apologies legislation, British Columbia, comparative law, international arbitration, legislation, Massachusetts, Scotland",
author = "Andrew Agapiou and Cheung, {Sai On}",
note = "This is a pre-copyedited, author-produced version of an article accepted for publication in Arbitration following peer review. The definitive published version Agapiou, A., & Cheung, S. O. (2017). Apologies, apology legislation and civil disputes: the practical implications of apology legislation for dispute resolution practitioners and their clients. Arbitration, 83(2), 133-140. is available online on Westlaw UK or from Thomson Reuters DocDel service .",
year = "2017",
month = "5",
day = "1",
language = "English",
volume = "83",
pages = "133--140",
journal = "Arbitration",
issn = "0003-7877",
number = "2",

}

TY - JOUR

T1 - Apologies, apology legislation and civil disputes

T2 - Arbitration

AU - Agapiou, Andrew

AU - Cheung, Sai On

N1 - This is a pre-copyedited, author-produced version of an article accepted for publication in Arbitration following peer review. The definitive published version Agapiou, A., & Cheung, S. O. (2017). Apologies, apology legislation and civil disputes: the practical implications of apology legislation for dispute resolution practitioners and their clients. Arbitration, 83(2), 133-140. is available online on Westlaw UK or from Thomson Reuters DocDel service .

PY - 2017/5/1

Y1 - 2017/5/1

N2 - An apology is arguably the most effective way for a defendant, or other alleged violator of an accepted legal standard, duty or obligation, to demonstrate their assumed responsibility for a wrong committed. Whether an apology is heartfelt, or more calculated and pro forma, there is little question that when an apology is delivered, its maker has assumed at least moral responsibility for the act or omission in question. Societies tend to respect individuals that ‘own up’ to their faults, admit mistakes, take responsibility for their conduct, and offer an appropriate apology to any affected innocent persons. Radzik and Murphy explain that apologising is likely the most explicit manner through which human errors of any kind are acknowledged; ‘well-formed’ apologies implicitly acknowledge wrongdoing, responsibility, and an expression of regret or remorse. However, as the following critical discussions tend to confirm, apologies can also create a legal liability minefield for dispute resolution (DR) practitioners and their clients alike.

AB - An apology is arguably the most effective way for a defendant, or other alleged violator of an accepted legal standard, duty or obligation, to demonstrate their assumed responsibility for a wrong committed. Whether an apology is heartfelt, or more calculated and pro forma, there is little question that when an apology is delivered, its maker has assumed at least moral responsibility for the act or omission in question. Societies tend to respect individuals that ‘own up’ to their faults, admit mistakes, take responsibility for their conduct, and offer an appropriate apology to any affected innocent persons. Radzik and Murphy explain that apologising is likely the most explicit manner through which human errors of any kind are acknowledged; ‘well-formed’ apologies implicitly acknowledge wrongdoing, responsibility, and an expression of regret or remorse. However, as the following critical discussions tend to confirm, apologies can also create a legal liability minefield for dispute resolution (DR) practitioners and their clients alike.

KW - apology

KW - arbitration

KW - dispute resolution

KW - mediation

KW - apologies legislation

KW - British Columbia

KW - comparative law

KW - international arbitration

KW - legislation

KW - Massachusetts

KW - Scotland

UR - http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=340

M3 - Article

VL - 83

SP - 133

EP - 140

JO - Arbitration

JF - Arbitration

SN - 0003-7877

IS - 2

ER -