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What is Mediation? What is it not?
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Mediation is a non-adversarial problem-solving process.
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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.
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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.
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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.
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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?
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More than 1000 matters have been referred to the Singapore
Mediation Centre for mediation.
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The settlement rate is in the region of 80%. Of the settled
cases, more than 90% were settled within one working day.
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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.
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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?
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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.
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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.
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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.
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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.
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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?
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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.
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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.
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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.
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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?
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When the use of mediation will involve the risk of personal
danger to one or more parties.
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When there are issues affecting society as a whole (such
as human rights issues).
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When the parties wish to establish an authoritative legal
precedent.
Why the Singapore Mediation Centre?
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It has a proven track record of success.
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It has a panel of highly trained mediators who are distinguished
individuals handpicked from different professions and fields.
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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.
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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 at www.mediation.com.sg
for further details.
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