Attend maintenance mediation or conciliation

What is maintenance mediation

Maintenance mediation aims to resolve maintenance disputes without a hearing. It is conducted free-of-charge in a private setting by the Maintenance Mediation Chambers (MMC).

Mediation is usually the first session scheduled by the court for a maintenance application.

Note: In some exceptional cases, the court may direct the parties to attend a court mention instead of mediation.

How mediation is conducted

Mediation may be conducted in person at the MMC (Level 1, Family Justice Courts) or virtually.

Generally, there may be 1 to 2 mediation sessions for each case. For parties who did not reach an agreement during the first session, the second session allows them to reconsider their options and prepare the necessary documents.

Note: There may be more than 2 mediation sessions in some cases, if there are valid reasons.

What to bring to mediation

You may bring any documents that support your case.

Some examples include:

• (For applicants) Forms or documents you have submitted as part of your application.
• (For respondents in an enforcement application) Any proof of payment made, if applicable, such as receipts or transaction slips.

Note: For fresh, variation, suspension, rescission or maintenance applications, both the applicant and respondent may be required to fill up a prescribed form known as a e-Template Statement (ETS) before the mediation session. Find out how to prepare an ETS.

During your mediation session

The mediator assigned to your case will conduct a private session with you and the other party. The aim is to help both parties arrive at a mutually acceptable resolution in a non-confrontational setting.

The following may happen during your mediation session:

• You and the other party are given the opportunity to present your respective positions.
• You have to follow ground rules, such as taking turns to speak and not making personal attacks on each other.
  
• The mediator may use a variety of mediation tools to guide you and the other party to explore your needs and interests, as well as areas in which you may be able to come to an informed and mutually acceptable resolution.

A typical mediation session takes between 45 minutes to an hour. Only parties to the case are allowed to attend.

Mediation is confidential and without prejudice. The mediator will not share information that was discussed during the session with anyone else who was not involved in the mediation.

Possible outcomes of the mediation session

If a resolution is reached

If parties come to an agreement, the terms of the agreement will be recorded before a judge as a consent order. The matter is then concluded. Both parties must comply with the consent order.

The applicant may also choose to withdraw the application.

If a resolution is not reached

If the parties cannot come to an agreement after one or more mediation sessions, the case will proceed to a court mention before a judge.

How conciliation is conducted

For repeat maintenance enforcement applications, the court may direct parties to attend a conciliation session conducted by a maintenance enforcement officer (MEO) from the Maintenance Enforcement Division (MED) of the Insolvency and Public Trustee’s Office. 

The MEO is a neutral facilitator guiding conversations between parties, and will recommend solutions to facilitate a mutually acceptable and sustainable resolution to the maintenance dispute.

Possible outcomes of the conciliation session

If an agreement is reached

The MEO will submit a report of the agreement to the court.
A Consent Order may then be issued in the presence of the parties by the court.

If an agreement is not reached

The MEO may request for further information from both parties and/or from third parties before conducting a second conciliation session, if necessary. A report containing this information will be submitted to the court.
If there is eventually no agreement, the parties will appear before the court for the hearing of the application. The Court may rely on the MEO report in coming to a decision.