Mediation

A process where a third-party neutral facilitates negotiations to help parties arrive at practical solutions that all can agree on.

The non-adversarial and flexible nature of mediation saves time and cost, particularly in cross-border cases which may involve instructing counsel from multiple jurisdictions as well as complex conflicts of law issues.

Our mediators are excellent communicators and highly-skilled in a variety of negotiation techniques to regulate the dynamics of the conversation. They help provide a sense of objectivity and assist parties to arrive at a common consensus.

Neutrality and Confidentiality

Since the mediator does not adjudicate on the dispute, parties have full control over the outcome of the dispute. They can agree on legal and non-legal solutions that are forward-looking and suited to their interests and needs. In the event of a non-settlement, the process of mediation often brings added clarity to the scope and nature of the dispute. This can help to streamline any ensuing litigation or arbitration proceedings.

Globally Enforceable Outcomes

If mediation is successful, parties will enter into a settlement agreement, which can be enforced under the Singapore Mediation Act. With the deposit of the third instrument of ratification, the Singapore Convention on Mediation will enter into force on September 12, 2020. This essentially allows for international mediated settlement agreements to be enforced or invoked in a signatory jurisdiction.

Arb-Med-Arb

Mediation at SIMC also comes with the unique benefit of enforceability: Settlement agreements may be made consent awards under an Arb-Med-Arb Protocol between the Singapore International Arbitration Centre (SIAC) and SIMC. In the event of a non-settlement, the process of mediation often brings added clarity to the scope and nature of the dispute. This can help to streamline any ensuing litigation or arbitration proceedings.

Why Mediate?

Time and Cost Savings

Preserves neutrality and confidentiality

Parties have full control over the outcome of the dispute

Non-adversarial and flexible nature preserves relationship between parties

Do you have a dispute?

If you wish to file a case, you may submit your request by filling in a Mediation Request Form here or email secretariat@simc.com.sg. The SIMC Secretariat can assist parties to identify a suitable mediator. Mediations can be administered at a place of your choice. If you are unsure if mediation is right for your dispute or would like to enquire about our rates, please email us or call/text +65 9456 3717. We aim to attend to all case filings and enquiries within 24 hours.

SIMC Model Clause

You may use the following model mediation clauses for your contracts. Arb-Med-Arb model clauses can be found here.

For use before a dispute arises:

All disputes, controversies or differences arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be first referred to mediation in Singapore in accordance with the Mediation Rules of the Singapore International Mediation Centre for the time being in force.

For use after a dispute has arisen:

All disputes, controversies or differences arising out of or in connection with this contract, including any question regarding its existence, validity or termination, notwithstanding the commencement of any other proceedings, shall be referred to mediation in Singapore in accordance with the Mediation Rules of the Singapore International Mediation Centre for the time being in force.