Mediation helps businesses to recover stronger from the repercussions of the Covid-19 pandemic. The majority of disputes may be settled swiftly, inexpensively and effectively, without engaging in protracted legal proceedings. Business partnerships are preserved as relationships are maintained. Parties arrive at flexible and creative solutions that are mutually beneficial. The Singapore Convention on Mediation has also come into force, allowing businesses to ensure that their settlement agreements are enforceable in countries that have ratified the treaty, including Singapore.
Japanese businesses occupy a key presence in Singapore and the region. For example, Japan and Singapore are among each other’s largest investors. Given the huge volume of trade, business and investments involving Japanese businesses, the Singapore International Mediation Centre and the Japan International Mediation Center have created a joint mediation protocol.
This is the first known Covid-19 mediation protocol between two international centres. The Joint Protocol offers the “best of both worlds” to businesses that operate across Japan, Singapore and the rest of the region, overcoming physical, cultural and jurisdictional barriers to promote settlement.
One unique feature is the appointment of co-mediators. In a mediation between a Japanese and a non-Japanese party, parties discuss their dispute with mediators who understand their respective jurisdiction and culture.
The Joint Protocol exploits the synergies in case management between SIMC and JIMC, which is administered by a committee under the Japan Association of Arbitrators (JAA) – one of Japan’s most prominent arbitrator associations.
(1) Mediations may be filed at either JIMC or SIMC by paying a low JPY 20,000 or SGD 250 filing fee. JIMC and SIMC will jointly manage mediations.
(2) Cases will be resolved by two experienced mediators (one nominated by each Centre).
(3) Parties will enjoy fixed and reduced fees adapted for the Japanese market. For example, for disputes of less than S$1.3M, each party pays S$6,500 (see Fee Schedule below).
(4) Mediation can be conducted online to overcome the current limitations on travel.
(5) Settlement agreements may be enforced under the Singapore Convention on Mediation in countries that have ratified the Convention, including Singapore.
How it Works:
1. File a Case (Filing fee: S$250 / JPY20,000)
2. SIMC organises the mediation, including selection and appointment of mediator
3. Mediation takes place online
4. Post-mediation follow-up
Call us for a complimentary and non-obligatory consultation on mediating with us. We can exercise flexibility in the appropriate cases.
If you are unsure if mediation is right for your dispute, please email us or call/text +65 9456 3717.
To file a case, you can download the following Request Form or email us: firstname.lastname@example.org.
*The Fee Schedule applies based on the JIMC-SIMC Protocol, including Article 5. Parties making the mediation request through JIMC may refer to Table 1, while Parties making the mediation request through SIMC may refer to the equivalent rates in Table 2.