The first thing that comes to mind when one thinks of legal proceedings is to air out disputes in the Family Courts, otherwise known as litigation. While this is an important process, mediation may be more effective in settling a legal dispute, especially when it comes to family law proceedings. In this article, we will address what mediation entails, and the benefits of attempting it in the context of family law proceedings.
What is Mediation?
Mediation is an Alternative Dispute Resolution process that brings Parties involved in a legal dispute together before a neutral third-party Mediator. This process will assist Parties to arrive at a solution that all can accept and agree on.
Why Mediate?
As opposed to pursuing litigation, there are many benefits to attending mediation, which include:
- Party-led resolution
- Unlike litigation, where the outcome is ultimately decided by the Family Courts, mediation gives Parties control of the outcome.
- While the Family Courts may make a decision that leaves both Parties unsatisfied, mediation allows Parties to arrive at an amicable settlement which they are agreeable to and can live with.
- Given that Parties have the liberty and freedom to decide how they wish to settle their dispute, this means that more creative solutions (as opposed to what the Family Courts may order) can be derived.
- Lower costsLitigation
- involves the drafting of relevant affidavits, legal submissions and appearing in the Family Courts.
- If you are represented by a lawyer during the litigation process, their litigation fees would cost much more than going through a successful mediation.
- Quicker resolution
- While the process of litigation is often long and stressful, a successful mediation allows Parties to settle the matter in a much shorter timeframe.
- Preservation of relationship
- Mediation allows Parties to avoid the inherently adversarial approach of litigation, which means that there is greater likelihood for Parties to be able to stay on good terms with each other.
- This is particularly important in the context of family law proceedings where there is a minor child involved, as Parties would still have to co-parent in the future.
- An advantage of mediation is that it provides Parties with a platform to air out their respective concerns, thereby allowing each of them to better understand the other Party’s position.
When to Mediate?
It is common for Parties to attempt mediation after the proceedings have already commenced. The Family Courts can fix the matter for mediation when appropriate.
- In the case of a divorce involving a minor child (under 21 years of age), mediation at the Child Focused Resolution Centre is mandatory.
- Mediation may also be fixed in cases where both Parties are agreeable to attend.
Importantly, Parties can also seek to have the matter mediated even before any legal proceedings have been commenced. In such cases, Parties will have to attend private mediation at organisations such as the Singapore Mediation Centre, the Law Society Mediation Scheme and other private mediation centres.
When attending mediation, Parties should be mindful that success is highly dependent on both Parties’ willingness to resolve. If both Parties are unwilling to budge from their initial positions, mediation will not be effective. As such, in order to reap the benefits of mediation, it is imperative that Parties keep conflict out and enter the process with an open mind.
Engaging a Mediator
The first step when proceeding to private mediation is selecting a Mediator. It is important that Parties engage an experienced Mediator who has the requisite subject matter knowledge and is neutral. A good Mediator will be able to assist Parties in arriving at a mutually acceptable settlement and thus facilitate effective resolution of the matter.
