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.
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 has entered into force on September 12, 2020. This essentially allows for international mediated settlement agreements to be enforced or invoked in a signatory jurisdiction.
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.
BENEFITS OF MEDIATION
- Time and Cost Savings
- Preserves neutrality and confidentiality
- Parties have full control over the outcome of the dispute
- Non-adversarial and flexible nature preserves the relationship between parties
DO YOU HAVE A DISPUTE?
If you wish to file a case, you may download a Mediation Request Form here; or email firstname.lastname@example.org. The SIMC Secretariat can assist parties in identifying 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
All disputes, controversies or differences arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall before or after the commencement of any other proceedings, be first referred to mediation in Singapore at the Singapore International Mediation Centre in accordance with its Mediation Rules for the time being in force.
SIMC MEDIATION RULES