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2 Asian Disp. Rev. 34 (2000)
Mediation in Singapore: A Brief Overview

handle is hein.kluwer/asidpurv0002 and id is 68 raw text is: - 0 [F CLRTG 1T Mediation in Singapore: a brief overview Singapore is striving to establish itself as an international mediation hub. This note briefly looks at the state of mediation in Singapore. Post1994 Developments Although informal mediation in domestic and communal disputes has been long in practice, it is only since 1994 that formal mediation has gained substantial acceptance in Singapore as a commercial dispute resolution tool. In 1994, the Court Mediation Centre was established to introduce mediation in the subordinate courts, and is now widely acclaimed for its effectiveness. The year 1997 saw two more important developments in institutional mediation: the establishment of the Singapore Mediation Centre (SMC), a pioneer institute to provide mediation services, and the enactment of the Community Mediation Centres Act under which Community Mediation Centres were set up in Singapore to aid in the settlement of social and family disputes. Both institutions, in particular the SMC, have gone a long way towards achieving their goals since launch. Regulatory Regime There are no statutes which govern commercial mediation in Singapore. The time is not yet considered ripe for statutory intervention in the areas of enforcement. However, mediation is not altogether unprotected: the common law protection is available in appropriate instances. We will discuss this further under the section Role of Courts. The process of mediation, however, is normally regulated by the rules of the centre (if parties agree to adopt such rules) under whose auspices the mediation is held. In Singapore, the Mediation Procedure of the Singapore Mediation Centre provides an effective set of rules for the conduct of mediation. Court Mediation As a part of the wider Court Dispute Resolution (CDR) concept (which includes mediation, med-arb, neutral evaluation, etc), the process of mediation was formally introduced in the Subordinate Courts of Singapore in 1994 by the establishment of the Court Mediation Centre (now known as the Primary Dispute Resolution Centre (PDRC)). The principal objective of the Centre is to provide a forum for parties to resolve their disputes without litigation. The Centre also aims at efficient case management and a quicker resolution of disputes. The services of the Centre are either free or nominally charged, and this saves the disputants considerable legal fees and costs. The Centre covers a wide spectrum of different processes including mediation for civil cases, family matters, small claims, juvenile matters and Magistrate's complaints. The Centre is headed by a Director who is a District judge. A typical mediation process starts with the mediator (usually a settlement judge) introducing himself and the parties, and explaining the process in detail to the parties. This is followed by a discussion stage where the parties set out their claims and defences (as the case may be), so that the issues are properly identified and understood. The mediator then encourages a frank and open discussion of the issues by the parties in a joint session. He may also talk to the parties in private. He may invite the parties to reach a settlement on a realistic basis. If a settlement is reached, the terms of such settlement will be recorded and the case will be withdrawn. Alternatively, at the parties' request, a consent order may be issued. If the matter remains unsettled, a date will be fixed for hearing by another judge. The number of cases mediated and settled under the Centre is quite indicative of its usefulness. In 1998, 3943 cases were mediated and 3746 out of it were settled. In 1999, the number of cases mediated rose to 4640, of which 4500 were settled. Cases which require a longer mediation process are usually referred to the Singapore Mediation Centre. A total of 68 cases were referred to the SMC by the subordinate courts since its inception in 1997. There has also been a steady increase in the number of cases referred by the High Court to the Singapore Mediation Centre. The number of cases so referred increased from 34 in 1998 to 39 in 1999, and in the first five months of 2000, there were 26 such referrals:- Community Mediation Understanding the significance of resolving social and communal disputes early and effectively to secure a proper social environment, Singapore enacted the Community Mediation Centres Act (CMC Act) in 1997. The CMC Act provides for the establishment and operation of Community Mediation Centres (CMC) to provide mediation services. Each CMC is managed bya Director, who is responsible for the provision and conduct of mediation under the CMC. For reference to a CMC, the case in question must involve a family, society or community dispute, and must not involve a seizable offence under any written law. It is not necessary for the K 34 Asian Dispute Review No 1, 2000

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