Dispute resolution through mediation in Singapore is a fairly common way to use ADR to settle conflicts peacefully. In such proceedings, the mediator’s role is crucial, therefore the parties need to approach the choice of a mediator with great responsibility.
If you need to resolve a dispute in Singapore, but you do not want to go to court, then for sure you will be faced with the question of choosing a mediator. If so, you may find our blog post helpful as it describes the key features and requirements for these specialists.
Dispute Resolution in Singapore: Mediator Accreditation
The Singapore International Institute SIMI is responsible for the accreditation of mediators in Singapore. It is a non-profit organization whose activities are aimed at ensuring transparency and competence in the practice of mediation.
Entrepreneurs who need to resolve a dispute through mediation in Singapore should be aware that mediators are not required to be accredited. When resolving a conflict, the mediator is based not only and not so much on the requirements of the law but on the interests and relationships of the parties, the norms of morality and ethics and personal experience. After all, a mediator is not necessarily a lawyer. It can be an accountant, a psychologist, and even a philosopher. However, clients often need the experience and references of a reputable body to be confident in the mediator’s competence and ability to effectively resolve a conflict. Therefore, preference is often given to accredited mediators.
There are no legal requirements for mandatory regular continuing education for mediators and professional liability insurance.
To resolve the conflict through mediation in Singapore, the parties can choose their own mediators or request a mediation center for a list of candidates.
If you plan to initiate proceedings in Singapore through mediation, please note that the mediator is not responsible for any actions in relation to the mediation, except in cases of fraud and willful misconduct.
Mediation Agreement
In connection with the mutual decision to start the mediation procedure, the parties are committed to a quick and mutually beneficial resolution of the conflict, which means that they try hard to achieve the most successful resolution of their dispute.
Long before the commencement of the procedure, the parties must conclude a mediation agreement. Such an agreement must contain conditions related to:
- The procedure, its conditions and terms;
- Selection of a mediator;
- Payment for the work of the mediator;
- Confidentiality;
- Conditions for the process termination.
The mediation procedure in Singapore can be applied both before going to court and after the start of the trial. The agreement on the use of mediation and its direct implementation is not an obstacle to going to court.
Privacy issues
According to current legislation, mediators are required to disclose possible conflicts of interest. These include situations when:
- the mediator acted on behalf of one of the parties;
- the mediator has a financial interest (including indirect);
- private information about the parties or the dispute has been received from external sources.
The mediation procedure is confidential. It does not go beyond the communication between opponents and the mediator himself, which is very important if the dispute affects the commercial interests or personal relationships of the parties and their disclosure may entail losses or other adverse consequences. If the mediator has received information related to the mediation procedure from one of the parties, he can disclose it to the other party only with the consent of the person who provided the information.
Conclusion
If you intend to resolve the conflict using ADR in Singapore, mediation can be a good option. This method has many advantages over other dispute resolution methods, which means that it is worth paying some attention to it and trying to understand whether it will be able to crowd out traditional methods of conflict resolution.
Before starting the proceedings, you can contact the IQ Decision UK specialists and sign up for a consultation on the dispute resolution through mediation in Asia. Experienced experts can also provide information on the regulation of arbitration and litigation in a given state. To find out more about our services, please fill out the quick contact form below.
