FAQs

What is Mediation? What is it not?

• Mediation is a non-adversarial problem-solving process.
• A mediator, who may be a respected and senior member of the legal or another profession, facilitates this process by helping the parties to identify issues, to negotiate constructively and to explore settlement alternatives.
• The parties make their own decisions usually with the help of their lawyers. Therefore, they retain complete control over the outcome and do not run the risk of having an adverse decision imposed upon them by a judge or arbitrator.
• Mediation is not about deciding who is right or wrong, who is innocent or at fault; nor is it concerned with declaring a winner and a loser.
• Mediation is not backward looking. The focus is not on who said or did what in the past. Instead, the goal is to find a practical solution and settlement that is acceptable to everyone involved, having regard to the different interests, needs and concerns.

What is the track record of the Singapore Mediation Centre?

• More than 1000 matters have been referred to the Singapore Mediation Centre for mediation.
• The settlement rate is in the region of 80%. Of the settled cases, more than 90% were settled within one working day.
• Of the disputants who participated in, and provided feedback on, the mediations conducted at the SMC, 84% reported costs savings, 88% reported time savings and 94% would recommend the process to other persons in the same conflict situation.
• The types of cases include (but are not limited to) banking disputes, construction disputes, contractual disputes, corporate disputes, contested divorces and divorce ancillary matters, employment disputes, family disputes, information technology disputes, insurance disputes, negligence claims, partnership disputes, personal injury claims, shipping disputes and tenancy disputes.

Why Mediate?

• Saves costs

According to figures provided by the Supreme Court, it is not uncommon to save as much as $80,000 in the legal fees alone in a case involving 2 parties in the High Court. This does not include court fees and hearing fees, which can be quite substantial.

• Saves time

At the Singapore Mediation Centre, the majority of the cases are settled within one working day. Individual and organisational disputants have regularly reported enormous savings in time and expressed appreciation for how quickly they could untangle themselves from a potentially long-drawn dispute and move forward. A mediation session can also be arranged within one week or within 24 hours for urgent cases.

• Less risks

The parties settle only when they are satisfied with the settlement package they have mutually agreed to with the help of their mediators. This is unlike arbitration or litigation, where they take the risk of having a judge or an arbitrator deciding against them and of losing their case.

• Preserves relationships

Mediation is non-confrontational. The parties are guided to avoid witch-hunting, adopt a constructive approach and improve their relationships whenever possible. Experience has shown that this is very helpful in cases where there is an on-going commercial or other relationship. It has also been shown that this amicable approach results in more durable resolutions.

• Private and confidential

Mediation is a process for parties who value their privacy. It is private and what transpires in the mediation is generally privileged and confidential. The Singapore Mediation Centre, its mediators and the parties are bound by agreement and prohibited by law against disclosing any information relating to the mediation.

What is the typical mediation process like?

• The parties contact the Singapore Mediation Centre with a request for mediation. Sometimes, only one of the parties makes the initial request. In such cases, the centre will contact all the other parties to persuade them to attempt mediation.
• When all the parties agree to mediate their dispute, the Singapore Mediation Centre arranges for the Mediation Agreement to be signed, designates a date, time and place for mediation, appoints a mediator and attends to all other administrative details.
• On the day of the mediation, the mediator will lead and guide the parties through a problem-solving process. The lawyers of the parties will attend to play the important role of assisting the mediator and advising the parties throughout the settlement process.
• The parties usually reduce the terms of their settlement to writing with the assistance of their lawyers at the end of the mediation.

Examples of when not to mediate?

• When the use of mediation will involve the risk of personal danger to one or more parties.
• When there are issues affecting society as a whole (such as human rights issues).
• When the parties wish to establish an authoritative legal precedent.

Why the Singapore Mediation Centre?

• It has a proven track record of success.
• It has a panel of highly trained mediators who are distinguished individuals handpicked from different professions and fields.
• If a dispute is not resolved at a mediation at the Singapore Mediation Centre and you need to proceed to litigate the matter, you may apply for a waiver of court hearing fees from either the Supreme Court or the Subordinate Courts (where hearing fees are applicable). The waiver is available only if the matter is mediated at the Singapore Mediation Centre.
• It is supported by the Supreme Court, Subordinate Courts, the Singapore Academy of Law and its numerous institutional partners from both the private and public sectors.

Contact us

The Singapore Mediation Centre is located at 1 Supreme Court Lane, Level 4 Singapore 178879. Tel: 6332 4366; Fax: 6333 5085; e-mail: enquiries@mediation.com.sg.

Once you have contacted the centre with a request for mediation, we will approach the other parties involved to invite them to attend mediation.

Costs

The mediation fee starts from $900 per party per day. The fees are pegged to the quantum of claim. Please contact the centre or refer to our web site for further details.