Property

Nature of dispute

With rapid growth in housing needs, tiffs between individuals and their estate agents or landlords have become an everyday reality. These disagreements could include:

  • Disputes between landlords and tenants (over the condition of the property, etc.)
  • Disputes between purchaser and seller (over contracts, deposits, non-payment etc.)
  • Disputes between estate agent and client (over commission or terms of retainer etc.)

How we can help

Mediation

Mediation is a voluntary process where a neutral third-party, the mediator, facilitates the disputants’ negotiation process for a private and amicable settlement.

For those with disputes against their estate agents, the Council for Estate Agencies (CEA) has developed a Mediation Sub-scheme to address points of contention in estate agency contracts. SMC is a prescribed dispute resolution centre under the Sub-scheme.

This Sub-scheme applies:

  • To disputes which arise in estate agency agreements signed by a client and licensed estate agent on or after 1 January 2011.
  • In the form prescribed under the Estate Agents (Estate Agency Work) Regulations 2010 for the sale, purchase or lease of residential property in Singapore whether on:
    a) a non-exclusive basis; or 
    b) an exclusive basis.

The mediation process is subject to these laws and rules:

Fees

The mediation fee is pegged to the quantum of the claim. It starts from $321 (inclusive of GST) per party.

COUNCIL FOR ESTATE AGENCIES MEDIATION SUB-SCHEME

Quantum of claim

 Fee for Client

Fee for licensed estate agent

Up to $30,000

$321

$321

Above $30,000 and up to $100,000

$1,230.50

$1,230.50

Above $100,000 SMC’s prevailing fees schedule under the Commercial Mediation Scheme shall apply.

* The figures above are in Singapore dollars and inclusive of GST.

For more information, please refer to the SMC-Council for Estate Agencies procedure rules and fees on the Documents & Forms page:

Commercial and Small Case Commercial Mediation Scheme

For cases that are not eligible under the CEA Mediation Sub-scheme, parties can consider mediating under SMC’s Commercial Mediation Scheme (for claims above $60,000) or Small Case Commercial Mediation Scheme (for claims less than or equal to $60,000).

Fees

Parties pay the mediation fees below for the Commercial Mediation Scheme and Small Case Commercial Mediation Scheme.

COMMERCIAL MEDIATION SCHEME FEE
(For disputes above $60,000)
A non-refundable filing fee of $267.50 is to be borne by each party, applicable to all mediations administered by the Singapore Mediation Centre.
Sum in dispute Mediation fees

Above $60,000 and up to $100,000

$963 per party per day

Above $100,000 and up to $250,000

$1,284 per party per day

Above $250,000 and up to $500,000

$2,942.50 per party per day

Above $500,000 and up to $1,000,000

$3,477.50 per party per day

Above $1,000,000 and up to $2,500,000

$4,547.50 per party per day

Above $2,500,000 and up to $5,000,000

$5,617.50 per party per day

Above $5,000,000 and up to $10,000,000

$6,901.50 per party per day

Above $10,000,000 and up to $20,000,000

$8,292.50 per party per day

Above $20,000,000 and up to $50,000,000

$9,897.50 per party per day

Above $50,000,000

$12,037.50 per party per day

* The figures above are in Singapore dollars and inclusive of GST.

SMALL CASE COMMERCIAL MEDIATION SCHEME FEE
(FOR DISPUTES UP TO $60,000)
Each party shall be required to pay a non-refundable filing fee of $26.75. The filing fee will be set-off from the mediation fee upon confirmation of the mediation.

Sum in dispute

Mediation fees

Up to $20,000

$214 (hourly rate of $53.50)

Above $20,000 and up to $40,000

$299.60 (hourly rate of $74.90)

Above $40,000 and up to $60,000

$385.20 (hourly rate of $96.30)

* The figures above are in Singapore dollars and inclusive of GST.

** Each party will be charged a mediation fee for up to 4 hours of mediation. When the mediation extends beyond the 4 hours, each party will be charged at the applicable hourly rate as indicated above for each additional hour (or part thereof).

Please note that if parties choose their own mediator(s), the selected mediator(s) may charge his/her commercial rates and the above mediation fee will not be applicable.

For more information, please refer to the respective mediation procedures and fees on the Documents & Forms page:

Neutral evaluation

Alternatively, SMC also offers neutral evaluation where an unbiased third party hears your case either through written briefs and/or oral presentations.

SMC works with a distinguished panel of neutral evaluators comprising former Supreme Court judges, judicial commissioners and senior counsel with extensive experience and knowledge in deciding legal issues.

This adjudicatory process, where the neutral evaluator considers the merits of your case, such as technical evaluations or points of law, allows contending parties to better understand the strengths and weaknesses of their case.

Parties can choose whether to have a binding opinion or not and opt for a documents-only evaluation or an evaluation with hearing(s). Where parties choose to have a binding opinion, neutral evaluation allows parties to have a speedy and cost-effective ruling, avoiding hefty litigation or arbitration bills. The process is entirely private and confidential.

Fees

Parties will have to pay SMC’s administrative fee, which is dependent on the sum of the dispute set out below.

SMC’S ADMINISTRATIVE FEE

Sum in dispute

Mediation fees

Up to $500,000

$749

$500,001 to $1,000,000

$1,070

$1,000,001 to $5,000,000

$1,605

Above $5,000,000

$2,140

* The figures above are in Singapore dollars and inclusive of GST.

In addition, they will have to pay the neutral evaluator whose rate may range from $500 – $1,200 per hour depending on their experience. The cost of the neutral evaluation will depend on the total number of hours spent by the neutral evaluator, which in turn is dependent on the nature and complexity of the dispute.

Other optional expenses include charges for venue and refreshments.

For more information, please refer to the neutral evaluation rules and fees on the Documents & Forms page:

To begin a dispute resolution process

  • 1
  • 2

    Download the Council for Estate Agencies Mediation Sub-scheme application for dispute resolution services form here.

  • 3

    Send the completed form to SMC by fax at +65 6333 5085 or email to enquiries@mediation.com.sg.

  • 4

    Payments should be made either via cheque or bank transfer. Cheque to be made payable to “Singapore Mediation Centre”.

  • 2

    Download the Commercial Mediation Scheme Request for Mediation form here.

  • 3

    Send the completed form to SMC by fax at +65 6333 5085 or email to enquiries@mediation.com.sg.

  • 4

    Payments should be made either via cheque or bank transfer. Cheque to be made payable to “Singapore Mediation Centre”.

  • 2

    Download the Small Case Commercial Mediation Scheme Request for Mediation form here.

  • 3

    Send the completed form to SMC by fax at +65 6333 5085 or email to enquiries@mediation.com.sg.

  • 4

    Payments should be made either via cheque or bank transfer. Cheque to be made payable to “Singapore Mediation Centre”.

  • 2

    Download the Request for Neutral Evaluation form here.

  • 3

    Send the completed form to SMC by fax at +65 6333 5085 or email to enquiries@mediation.com.sg.

  • 4

    Payments should be made either via cheque or bank transfer. Cheque to be made payable to “Singapore Mediation Centre”.

For more information, please contact SMC at