Mediation at a Glance

What is Mediation? What is it not?

Mediation is a problem-solving process that is non-adversarial.
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 with the help of their lawyers. Therefore, they retain maximum level of control over the outcome and do not run the risk of having an adverse decision imposed against them by a judge or an 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?

Save 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.
Save 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 appreciated how quickly they could untangle themselves from a potentially long-drawn dispute and move forward.
Less risks
The parties settle only when they are satisfied with the settlement package they have crafted with the help of their mediators. This is unlike arbitration or litigation, where the parties take the risk of having a judge or an arbitrator deciding against them and thereby losing their cases.
Preserves relationships
Mediation is a non-confrontational process. The parties are guided to avoid witch-hunting, adopt a constructive approach and improve their relationship whenever possible. Previous cases have 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 a more durable and enduring dispute resolution.
Private and confidential
Mediation is a process for the parties who value their privacy. It is private and what transpired in the mediation is generally privileged and confidential. The Singapore Mediation Centre, its mediators and the parties are bound by agreement and generally prohibited by law against disclosing any information relating to the mediation.

What is a 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 and persuade them to attempt mediation.
When all the parties agree to mediate their dispute, the Singapore Mediation Centre prepares 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 an important role of assisting the mediator and advising the parties throughout the settlement process.
The parties usually reduce the terms of their settlement into 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 SMC?

It has a track record of success.
It has a panel of highly trained mediators who are distinguished individuals handpicked from different professions and fields of expertise.
If a dispute is not resolved at a mediation at the Singapore Mediation Centre and the parties need to proceed to litigate the matter, the parties 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 applicable only if the matter was 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 any party contacts the Centre with a request for mediation, the Centre will approach the other parties involved to invite them to mediate.

Costs

The mediation fee starts from $900 per party per day. The fees are pegged to the quantum being claimed. Please contact the Centre or refer to www.mediation.com.sg/pdf/mediation_annex_c.pdf for further details.