Events & Speeches

Welcome Speech by the Chairman, Singapore Mediation Centre the Honourable Justice Goh Joon Seng at the SMC's First Anniversary Celebration

I am delighted to receive this copy of the Singapore Mediation Centre's commemorative First Anniversary Publication, aptly entitled "Our First Year in Finding Solutions Together". I congratulate Justice Goh Joon Seng, the Chairman of the Singapore Mediation Centre ("SMC"), and the team at the SMC for successfully spearheading the mediation movement in Singapore. I also commend all of you who have contributed to the SMC's growth. We have much cause to reflect with pride on the accomplishments recorded in this publication.

At the launch of the SMC on 16 August last year, I indicated that the SMC would take the lead in promoting private, non court-based mediation to serve all sectors in Singapore. I am pleased to note from Justice Goh's speech that 212 cases have been mediated thus far. This demonstrates the strong support which lawyers and other professionals have given to mediation. Another encouraging sign is the increased number of Memoranda of Understanding entered into between the SMC and major professional, trade and business organisations. These have more than doubled in number, from 8 at the time the SMC was launched to 19 presently. These are clear indications that mediation has become a widely accepted mode of dispute resolution.

The SMC is known for the quality of its Panel of Mediators, all of whom are established professionals in their respective fields. They have been praised for their dedication, effectiveness and experience. Many complex and technical disputes were efficiently resolved by the mediators. I wish to congratulate the 15 new mediators who will be accredited later today. You will find your duties as mediators both meaningful and fulfilling.

Mediation offers disputants an opportunity to share their grievances, and this often leads to the healing of emotional hurts. In this regard, a mediator is like a doctor. The medical profession uses a diagnostic technique which is neatly summed up by the acronym "SOAP". "S" stands for "subjective data" like a patient's feelings of discontent, malaise and anxiety. "O" stands for "objective data" which verifies the patient's subjective expression of discomfort. "A" stands for "assessment" and refers to a diagnosis which identifies the patient's problems. Finally, "P" refers to the "plan" that will be adopted to treat the patient to help him recover.

These 4 steps are frequently used by mediators to resolve disputes and initiate the healing process. A mediator must listen to and take into account both the subjective input of the disputants as well as the objective material before him. The mediator then assists the disputants in assessing the problem by helping them to identify their own and their opponents' real interests and concerns. Finally, the mediator will work together with the parties to plan a workable solution to the problem.

One mediator recently shared his experience at resolving a sad case involving a grieving mother and her gynaecologist, who was a family friend. A few days after the doctor delivered the mother's child, the child died. The mother decided to sue the doctor for professional negligence. The matter was resolved after a day at mediation when the doctor offered an ex gratia payment. As the settlement agreement was being drafted, the doctor informed the mediator that he wished to tell the mother and her family how sorry he was. His lawyers advised him against doing this, for fear that it might be construed as an admission of liability. However, he told his lawyers that saying sorry was a different thing altogether from admitting that he did not do his job. He said that he wanted "closure" of the matter, and that could not be achieved merely by settling the case. The mediator agreed to the doctor's request and accompanied the doctor to the next room, where the mother and her family were waiting. The mediator said that he would never forget what he next witnessed. The doctor expressed heartfelt regret for what had happened, told the family that he had done his best and asked them for their understanding. That expression of genuine sadness touched the mother. She saw that the doctor had suffered emotionally just as much as she and her family had. She reached out, took the doctor's hands into her own and said that she understood. For the next hour, the parties were engaged in a heart-to-heart conversation which, the parties subsequently informed the mediator, left them at peace with each other and helped to heal the scars left by the tragedy. The mediator ended the day feeling gratified that he had made a difference in the lives of the parties.

Mediation has a great potential for providing satisfying solutions to disputes. In addition, mediation and other forms of Alternative Dispute Resolution ("ADR") mechanisms may provide lawyers and other professionals with a possible avenue for diversification. For example, I understand that Ernst & Young LLP have a Dispute Resolution and Litigation Support Group and have recently added to it a new service line which focuses on working with organisations and their legal departments in implementing ADR programmes. Lawyers and other professionals in the service industry in Singapore may similarly consider setting up ADR departments to advise on ways to manage and resolve disputes efficiently.

Corporations should consider setting up ADR sections within their legal departments to reap the benefits of mediation and other forms of ADR. They should consider this as they grapple with the challenges brought about by the recent economic crisis. Corporations are an integral part of our society because of the pivotal role which they play in job creation and retention, and in the environmental and economic health of the communities in which they are situated. Each corporation should establish a platform for increased communication and collaboration with its shareholders, creditors, suppliers, workers and the community. When the management of a corporation makes use of mediation and other ADR mechanisms in its interactions with others, it reduces the risks of litigation between its directors and shareholders, between its management and employees, and between the corporation and the community in which it is situated. That will enable the corporation to prevent, manage and resolve disputes which may adversely affect its economic life.

A number of progressive organisations here have already entered into Memoranda of Understanding with the SMC to learn more about them and make appropriate use of mediation and other forms of ADR. Others should consider following in their steps.

The construction industry has been particularly supportive of the SMC. About 30% of the disputes mediated at the SMC are construction disputes. This high rate of utilisation of mediation was attributable in part to the efforts of leaders in the construction industry who have worked together with the SMC to form the Advisory Committee on Construction Mediation or ACCOM. ACCOM comprises the major private sector professional bodies and public sector institutions in the construction industry. The members of ACCOM deserve to be commended for their work in garnering support for mediation. For instance, they were instrumental in facilitating the recent signing of a Memorandum of Understanding between the SMC and Singapore Power Ltd, for itself and on behalf of its 7 subsidiaries.

Another way in which the construction industry can benefit from mediation is through the appointment of Project Mediators at the commencement of construction projects. Such Project Mediators can be drawn from the list of construction industry professionals who are presently on the SMC's Panel of Mediators. All disputes arising from a particular construction project may be referred to its Project Mediator who, being familiar with the parties and the project, will be able to effectively assist the parties in resolving their differences without any disruption to the work schedule.

The information technology industry has also cooperated with the SMC in forming the Singapore Information Technology Dispute Resolution Advisory Committee or SITDRAC. I understand that the SMC and SITDRAC are already making plans on how best to deal with "Y2K" or "millenium bug" disputes. This proactive step will, in relation to technological disputes, place the SMC at the forefront of the ADR field.

I must emphasize however that the first step to participating in the mediation movement is that of proper training. A botched attempt at mediation can do untold damage. The SMC has done an excellent job in providing quality ADR training for both the public and private sectors as well as mediation advocacy training for lawyers to assist them in setting up practice in that area. I would encourage more people to take advantage of these training programmes offered by the SMC.

To further its objectives of educating the public on mediation and promoting awareness of its work, the SMC will be organising, in association with the Supreme Court, Subordinate Courts and the Singapore Academy of Law, Mediation Week 1998. Modeled after the "Settlement Week" programmes in Australia, during which disputants are actively encouraged to resolve their disputes through mediation consultations, this will be the first such programme in the history of Singapore. Mediation Week 1998 will begin on Monday, 14 September and end on Friday, 18 September.

The SMC's mediators have volunteered their time and services for Mediation Week 1998. I have been shown the list of volunteers and am heartened to note that many mediators, who are professionals with full-time jobs, are volunteering up to 5 days of their time to serve the community. I also note that altogether about 65 law firms and organisations are sponsoring the event. Through their generosity, all mediations conducted during Mediation Week 1998 will be free of charge. This spirit of service is commendable. Up to 145 disputants and their representatives have availed themselves of this opportunity to have their differences mediated, and 100 lawyers will be assisting their clients at the mediations in Mediation Week 1998.

Not forgetting the young, the SMC, Temasek Polytechnic and Eagles Counselling and Mediation Centre will also be organising, as part of Mediation Week 1998, Campus Mediation Awareness Week. There will be mediation talks for students, a seminar on campus mediation for teachers, a Mediation Exhibition and several performances put up by students. There will also be a contest called "We Can Work It Out", which will involve the presentation of songs, skits, jingles or raps by students. The contest will be opened to all students who are 13 years old and above. All these activities will take place on the campus of the Temasek Polytechnic from Monday, 14 September to Friday, 18 September. All secondary and post-secondary schools have been invited to participate in this public education exercise. We hope that our youths will, through participation in these activities, be exposed to, and educated on, constructive ways of resolving differences amicably.

I reaffirm the Judiciary's support for the SMC and its objectives of promoting mediation and contributing to the betterment of society. Mediation Week 1998 is another significant step towards fulfilling these objectives and nurturing a culture of amicable dispute resolution. It also confirms the SMC's status as the flagship mediation centre in Singapore. Today, I wish the SMC a happy first anniversary and many successful and fulfilling years ahead. It is with great pleasure that I now launch Mediation Week 1998.