MEDIATION SERVICE
THE MEDIATION PROCEDURE
1 The
Mediation Process
1.1 The mediation process
conducted by the Singapore Mediation Centre (the "Centre") is to be
governed by this Mediation Procedure.
1.2 Parties to a dispute or
negotiation seeking mediation may initiate the same by sending a request for
mediation to the Centre. Such a request
should state the nature of the dispute, and the names, addresses and contact
numbers of the parties to the dispute, their representatives and advisers. Any party to a dispute or negotiation may
also apply for mediation by making an online submission of the electronic
application form for mediation at the Centre's DisputeManager.com Internet
website.
1.3 Where not all the parties
to a dispute have initiated mediation, the Centre will -
a within 14 days from the date of request
contact the remaining parties to persuade them to participate in the mediation
process; and
b within 21 days from the date of
request inform all parties whether mediation can proceed.
1.4 The mediation process
will involve the parties, their representatives and/or advisers (if any) and
the Mediator or Mediators. The mediation
will be conducted in confidence, and all communications will be on a
"without prejudice" basis.
2 Mediation
Agreement
2.1 Before mediation is
carried out, the parties will enter into an agreement (the "Mediation
Agreement") based on the Model Mediation Agreement in Annex A in relation
to the conduct of the Mediation. For
avoidance of doubt, the Mediation Agreement may take the form of an electronic
record.
3 The
Parties
3.1 Generally, individuals
should attend the mediation in person.
In the case of corporate entities, the parties may appoint
representatives to act for them at the mediation. The parties will confer upon their
representatives the necessary authority to settle the dispute. The parties will supply to the Centre and the
Mediator, within such time as the Centre may specify, the names of the
representatives and advisers attending the mediation.
3.2 The Mediator will determine the steps to
be taken during the mediation proceedings after consultation with the
parties. The parties will be deemed,
upon signing the Mediation Agreement, to have accepted and will be bound by the
terms of this procedure.
4 The
Mediator
4.1 Upon the parties' entry
into the Mediation Agreement, the Centre will appoint a person to act as the
Mediator or several persons as Mediators.
4.2 The Centre, in the
selection, will choose a person who, in its view, will be best placed to serve
as the Mediator. In the event that any
of the parties has reasons to object to a choice, the Centre will appoint
another person.
4.3 A person selected as a
Mediator will disclose any circumstances likely to create an impression of bias
or prevent him from acting promptly. The
Centre, upon receipt of such disclosure, will appoint another person as a
Mediator, unless the parties decide otherwise.
4.4 The Mediator will -
a prepare himself appropriately before
the commencement of mediation;
b abide by the terms of the Mediation
Agreement and the Code of Conduct in Annex B;
c assist the parties in the drawing up
of any written settlement agreement; and
d in general, facilitate negotiations
between the parties and steer the direction of the discussion with the aim of
finding a mutually acceptable solution.
Unless expressly
requested by all the parties involved, the Mediator will not make any
ruling/finding with respect to the dispute.
4.5 The Mediator (or any
member of his firm or company) should not act for any of the parties at any
time in connection with the subject matter of the mediation. The Mediator and the Centre are not agents
of, or acting in any capacity for, any of the parties. The Mediator is not an agent of the Centre.
5 The
Centre
5.1 The Centre will make the
necessary arrangements for the mediation, including -
a appointing the Mediator or Mediators;
b organising a venue and assigning a
date for the mediation;
c organising
an exchange of summaries of cases and documents; and
d providing general administrative
support.
5.2 The Centre will assist in
drawing up the Mediation Agreement.
6 Exchange
of Information
6.1 The parties will exchange
through the Centre, at least five days before the mediation, the following -
a a concise summary (the
"Summary") stating its case; and
b copies of all documents referred to in
the Summary that the party wishes to rely on at the mediation.
6.2 Each party may also send
to the Mediator, through the Centre, or bring to the mediation documents which
it wishes to disclose only to the Mediator, stating clearly in writing that the
contents of these documents are to be kept confidential by the Mediator and the
Centre.
6.3 The parties should try to
agree to the maximum number of pages to be contained in their respective
Summaries and on the maximum number of pages of supporting documents to be
submitted. The parties should also try
to agree on a joint set of documents.
6.4 Where a Summary is
submitted in the form of an electronic record, it must not exceed 5 MB in file
size and must be in one of the following formats:
a Acrobat 4.0 Portable Document Format
(i.e. pdf file); or
b Microsoft Word 2000 or earlier version
(i.e. Word file).
6.5 Where a document (other
than a Summary) is submitted in the form of an electronic record, it must not
exceed 5 MB in file size and must be in one of the following formats:
a Acrobat 4.0 Portable Document Format
(i.e. pdf file);
b Microsoft Word 2000 or earlier version
(i.e. Word file);
c Microsoft Excel 2000 or earlier
version (i.e. Excel file);
d Microsoft PowerPoint 2000 or earlier
version (i.e. PowerPoint file);
e Image documents (i.e. gif or jpeg
file); or
f Hypertext marked up language document
(i.e. html or htm file).
7 The
Mediation
7.1 The mediation will be
conducted in confidence, and no transcript or formal record will be made. No audio-visual recording will be made of the
proceedings. Only the Mediator, the parties
and/or their representatives and advisers will be permitted to be present during
the mediation.
7.2 All communications made
in the mediation, including information disclosed and views expressed, are made
on a strictly "without prejudice" basis and shall not be used in any
proceedings.
7.3 The Mediator may obtain
expert advice in technical matters with the consent of the parties, who shall
bear the expenses incurred.
7.4 The Mediator may conduct
joint meetings with all or separate meetings with each of the parties, whether
before or during the mediation.
7.5 In the event that no
settlement is reached, and at the request of all parties and if the Mediator
agrees, the Mediator will produce a non-binding written recommendation of the
terms of settlement. Such a recommendation
will only be the Mediator's own assessment.
Except with the consent of the Mediator and of all parties, it shall not
be used in any proceeding of whatever nature.
8 Settlement
Agreement
8.1 No settlement reached in
the mediation will be binding until it has been reduced to writing and signed
by or on behalf of the parties.
8.2 For avoidance of doubt, a
settlement that has been reduced to writing may take the form of an electronic
record.
8.3 For avoidance of doubt,
where a settlement reduced to writing takes the form of an electronic record,
it may be signed by applying electronic signatures.
9 Termination
9.1 Any of the parties may
withdraw from the mediation at any time by giving notice of withdrawal in
writing to the Mediator and the other parties.
9.2 The mediation will
terminate when -
a a party withdraws from the mediation;
b a written settlement agreement is
concluded;
c the Mediator decides that continued
mediation is unlikely to result in settlement; or
d the
Mediator decides that he should withdraw from the mediation for any of the
reasons stated in the Code of Conduct.
10 Stay of Proceedings
10.1 Unless the parties
otherwise agree, the mediation will not prevent the commencement of any suit or
arbitration; nor will it act as a stay of such proceedings.
11 Confidentiality
11.1 All persons involved in
the mediation will keep confidential and not use for any collateral or ulterior
purpose -
a the fact that mediation is to take
place or has taken place;
b any views expressed, or suggestions or
proposals for settlement made by another party in the course of the mediation;
c proposals suggested or views expressed
by the Mediator;
d the fact that another party had or had
not been willing to accept a proposal for settlement made by the Mediator; and
e all information (whether oral or in
writing) produced for or arising in relation to the mediation, including any
settlement agreement, except as directly necessary to implement and enforce any
such settlement agreement.
11.2 All documents (including
anything stored electronically) or any other information produced for, or
arising in relation to, the mediation will be privileged, and will not be
admissible as evidence or discoverable in any proceedings connected with the
dispute unless such documents would have in any event been admissible or
discoverable.
11.3 The parties will not call
the Mediator or the Centre (or any employee, officer or representative) as a
witness, consultant, arbitrator or expert in any proceedings in relation to the
dispute.
12 Fees
12.1 Each party shall pay an
administrative fee to the Centre. Apart
from the administrative fee, all fees payable to the Centre (including the
Mediator's fees) will be borne by the parties in equal portions. The fees will be charged according to the fee
schedule set out in Annex C.
12.2. Each party will bear its
own costs, expenses and disbursements of its participation and the fees of its
advisers in the mediation.
13 Waiver
of Liability
13.1 The Mediator will not be liable
to the parties for any act or omission in connection with the services provided
by him in or in relation to the mediation, unless the act or omission is
fraudulent or involves wilful misconduct.
13.2 The Centre will not be
liable to the parties for any act or omission in connection with the services
provided by it or in relation to the mediation.
13.3 The parties will not make
any claim against the Mediator and/or the Centre, its officers and employees
for any matter in connection with or in relation to -
a the mediation;
b the services provided by the Mediator
and/or the Centre; and/or
c the dispute between the parties.
14 Interpretation
14.1 The interpretation of any
provision in this Mediation Procedure shall be made by the Centre.
Annexes
Annex A Model Mediation
Agreements
Annex B Code of Conduct
Annex C Fee Schedule
Issued by the
1 April 2007
Annex
A
MEDIATION SERVICE
THE MODEL MEDIATION AGREEMENT
(corporations/firms)
THIS AGREEMENT is made between:
(1) The
(2) ____________________________________________________________________
of
(the
"Mediator")
(3) ____________________________________________________________________
of
(4) ____________________________________________________________________
of
WHEREAS
A. The Parties wish to
attempt in good faith to resolve their disputes without litigation.
B. The Centre and the
Mediator have agreed to provide mediation services to assist the Parties in
resolving these matters.
IT IS AGREED as follows:
1 Submission
1.1 The Parties agree and
consent that the disputes arising out of or in connection with this claim and
related matters shall be submitted to the Centre for mediation.
1.2 The Parties agree to
abide by any settlement and to effect the terms thereof reached through the
mediation.
2 Terms
and process of Mediation
2.1 The Parties agree to
abide by the Centre's Mediation Procedure.
Among other things, the terms and process of mediation, and the fees
chargeable for the mediation service, shall be governed by the Mediation
Procedure.
3 Authorisation
of Representatives
3.1 The following persons are
hereby authorised to represent the Parties in the mediation and settlement of
disputes:
|
Party |
Name of Representative(s) |
NRIC No. or Passport No. of Representative(s) |
|
|
|
|
|
|
|
|
4 Waiver
of Liability
4.1 In consideration of the
Centre and the Mediator providing the mediation services sought by the Parties:
a The Parties shall not make any claim
whatsoever against the Mediator and/or the Centre, its officers and employees
for any matter in connection with or in relation to:
(1) the mediation; and/or
(2) the services provided by the Mediator
and/or the Centre; and/or
(3) the dispute between the Parties.
b The Mediator will not be liable to the
Parties for any act or omission in connection with the services provided by the
Mediator or in relation to the mediation, unless the act or omission is
fraudulent or involves wilful misconduct.
c The Centre will not be liable to the
Parties for any act or omission in connection with the services provided by the
Mediator and/or the Centre or in relation to the mediation.
Dated:
|
Signed by: __________________________ [Name and designation] for and on behalf of [Name of Party] Witness: __________________________ |