Conciliation

Conciliation may be provided by the courts or other organisations besides the courts.

Before the conciliation session

Factors to consider

You should consider the following factors before the conciliation session:

• Your main concerns that have to be addressed to resolve the dispute.
  • For example, monetary compensation, preserving the relationship with the other party or acknowledgement of wrongdoing.
• The strengths and weaknesses of your case.
• The risks involved in the case proceeding for a trial.
• The likely costs of proceeding for a trial (in terms of time, legal costs and reputation) and whether you are prepared to bear it.
• The possible ways of settling the dispute through conciliation, and how the other party is likely to react to these suggestions.

What to prepare

Before attending conciliation, you should:

• Submit your opening statement to the CDRC via email to sc_cdr@judiciary.gov.sg no later than 2 working days before the date of the first session.
  • Your opening statement must be prepared according to Opening Statement for Claimant/Defendant (Mediation/Conciliation) (Form 8, Appendix A1, State Courts Practice Directions 2021).
  • Note: Keep the statement concise and within 10 pages. Include suggested solutions for the dispute.
  • You should serve the opening statement on all other parties in the dispute. You are free to choose how you would like to do so. For example, you may send the opening statement via email or post. You do not need to engage a lawyer or a court process server for this.
• Prepare all relevant documents relating to your dispute.
  • These may include letters, email exchanges, invoices, contractual agreements, expert reports and photographs.
• Set aside sufficient time in your schedule to attend the session.
  • In general, a dispute may be resolved after 1 to 3 sessions. Each session usually takes about 3 hours. The duration and number of sessions may vary depending on the complexity of the case and the parties' attitudes.
• Keep an open mind.
  • The purpose of conciliation is for you to communicate with the other party. Be prepared to listen to the other party and work together to arrive at an agreement.

If you are representing an organisation or company, ensure that you have the full authority to negotiate and decide the outcome. If you have to consult someone during the session, ensure that you are able to contact the person via phone.

At your conciliation session

On the day of your conciliation session, you should:

• Arrive early.
• Bring along all relevant documents relating to your dispute.

You can expect the following stages at your CDRC conciliation session.

After your conciliation

If an agreement is reached

You and the other party will meet the judge to review, confirm and record the terms and conditions of the settlement.

If any party fails to comply with the terms of the settlement agreement, the other may enforce it as a court order. There is no need for another hearing before a judge.

If no agreement is reached

The judge may recommend other dispute resolution options or direct both parties to take steps to proceed to a trial.

The judge who may have conducted your conciliation will not be the judge conducting the trial. The information discussed during the conciliation process will remain confidential and will not be revealed to the trial judge.

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