The Steering Committee on Mediation today launched a six-week public consultation to seek views on whether to enact apology legislation.
The Department of Justice said that, following a mishap, a party causing injury may wish to convey their apology to the injured for the loss and suffering sustained. Even if the former party genuinely believes they have done nothing wrong, they can still wish to convey their sympathy to the other party out of goodwill and benevolence.
However, it said there is a general reluctance to make apologies and lawyers are often reluctant to advise their clients to apologise. This is because the legal consequences of making an apology are not entirely clear, and an apology may be relied on to establish liability in legal proceedings.
It said the main objective of apology legislation is to promote and encourage the making of apologies to facilitate the amicable settlement of disputes by clarifying the legal consequences.
Apology legislation can be found in many jurisdictions, including the US, Canada, Australia and the UK.
The consultation will end on August 3. People can submit their views by email.
Click here to view the consultation document.
