Mediation

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

Before the mediation session

Factors to consider

You should consider the following factors before the mediation session:

• Your main concerns that have to be addressed to resolve this 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 mediation, and how the other party is likely to react to these suggestions.

What to prepare

Before attending mediation, 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 mediation session.
  • Your opening statement must be prepared according to the Opening Statement for Claimant/Defendant (Mediation/Conciliation) (Form 8, Appendix A1, State Courts Practice Directions 2021).
  • 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 mediation is for you to communicate with the other party, not to determine who is at fault.
  • 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 mediation session, ensure that you are able to contact the person via phone.

At your mediation session

You should attend the first mediation session regardless of whether you have a lawyer representing you.

On the day of your mediation session, you should:

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

Mediators in the State Courts

The letter notifying you of the date of mediation will indicate who the mediator will be. Your dispute will be mediated by one of the following parties:

• A judge in the CDRC.
• A court volunteer mediator.
  • These are mediators who have been accredited by the Singapore Mediation Centre and appointed as State Courts volunteer mediators.

All mediators in the State Courts are governed by the State Courts' Code of Ethics and Basic Principles on Court Mediation (PDF, 195 KB). This code sets out the key principles of mediation in the State Courts and elaborates on the court mediators' shared values.

Stages in a mediation session

All information during the mediation session will be kept confidential and will not be revealed in court in the event that no agreement is reached after mediation.

You can expect the following stages at your CDRC mediation session:

After your mediation

If an agreement is reached

Once an agreement is reached, all parties will meet the mediator together with their lawyers to review and confirm the settlement terms.

These terms will be recorded into a settlement agreement by a judge. You and the other party must comply with the terms stated in the settlement agreement.

The settlement agreement may be drafted to allow one party to enforce it as a court order (that is, without any need for another hearing before a judge) if the other party fails to comply with the terms of settlement.

If no agreement is reached

When a dispute cannot be settled through mediation, the judge may recommend other dispute resolution options or direct parties to take steps to proceed to a trial.

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

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