Addendum to the Law Society Mediation Rules and Law Society Neutral Evaluation and Determination Rules for Mediation and Neutral Evaluation of Personal Injury and Property Damage (PIPD) Claim Disputes
This Addendum to the Law Society Mediation Scheme Rules (“LSMR”) and Law Society Neutral Evaluation and Determination Rules (“LSNEDR”) is applicable to all personal injury claims (excluding claims arising due to medical negligence and from employment disputes not involving accidents); and to property damage claims arising from motor accidents being referred to the Law Society for mediation under the Law Society Mediation Scheme – PIPD (“LSMS – PIPD”) or for non-binding Neutral Evaluation under the Law Society Neutral Evaluation Scheme – PIPD (“LSNEDS – PIPD”) respectively.
Where arrangements for the Mediation / Neutral Evaluation under LSMS – PIPD and LSNEDS – PIPD are not specified in this Addendum, the respective LSMR or LSNEDR shall apply.
For the avoidance of doubt, this Addendum is not applicable to non-PIPD civil disputes referred to the general Law Society Mediation Scheme and Law Society Neutral Evaluation and Determination Scheme.
1. Commencement Of A Mediation / Neutral Evaluation
- For parties who wish to commence a Mediation / Neutral Evaluation under the LSMS / LSNEDS – PIPD, they may do so by:
- submitting a completed “Request for Mediation/Neutral Evaluation form” (“Request”) via email to adr@lawsoc.org.sg (the “Email”); and
- paying the required non-refundable administration fee (the “Administration Fee”).
- In the event the PIPD dispute is not first settled at the conclusion of the Mediation, the parties may agree to subsequently refer the dispute to be resolved by Neutral Evaluation under the LSNEDS – PIPD and the rules thereunder for the time being in force. Similarly, in the event the PIPD dispute is not first settled at the conclusion of the Neutral Evaluation, the parties may agree to refer the dispute to be resolved by Mediation under the LSMS – PIPD and the rules thereunder for the time being in force.
2. Appointment of Mediator / Neutral
- This section shall apply, where applicable, in place of Article 4 of the LSMS-Handbook and Rule 10 of the LSNEDS Handbook for PIPD disputes being referred to the LSMS / LSNEDS – PIPD.
- The LSMS / LSNEDS PIPD Panel shall consist of a dedicated group of professionals qualified to handle Mediation and Neutral Evaluation in relation to PIPD disputes (“Mediators” and “Neutrals” respectively), and are governed by a dedicated Code of Conduct. The latest information related to the LSMS / LSNEDS PIPD Panel may be accessed via the Law Society of Singapore’s website.
- After receiving the completed Request and the payment of the required Administration Fee from each party, the President of the Law Society of Singapore (the “President”) shall appoint one Mediator or one Neutral from the LSMS / LSNES PIPD Panel as soon as practicable.
- Where the parties have nominated one or more Mediator(s)/Neutral(s) from the LSMS / LSNEDS PIPD Panel, the President may consider the parties’ nomination when appointing the Mediators / Neutrals. However, the President shall make the final decision on the appointment of the Mediators / Neutrals and such decision shall not be subject to any review whatsoever.
3. Fees
- This section shall be applied in place of the Fees Schedule found in Part 3 of the LSMS- Handbook and Part 6 of the LSNEDS Handbook for PIPD disputes/claims referred under the LSMS/ LSNEDS – PIPD.
- The fees payable by the parties to the Law Society of Singapore and the Mediator / Neutral for the time-being in force shall be as follows:
- Non-refundable administration fee of S$200.00 per party payable at the time the Request is
- Mediation Fees as set out in paragraph 3 of the Fees Schedule.
- For all mediations concerning PIPD matters, the Mediation Fees for each two-party Mediation / Neutral Evaluation, shall be as follows (“Fees Schedule”):
- For the avoidance of doubt, the fees prescribed above do not include expenses reasonably incurred for the conduct of the mediation / neutral Evaluation process, including disbursements for photocopying, telephone calls, facsimile transmissions and incidentals which shall be reimbursed at reasonable rates.
- Mediations / neutral Evaluations may be held either in-person or via videoconference, subject to the parties’ mutual agreement, in writing. The parties shall bear the cost of hiring the premises if the mediation / neutral Evaluation is held in-person.
- The Law Society of Singapore may review this Fees Schedule from time to time and will set out the latest fees and charges on the Law Society of Singapore’s website.
Notes
- These Fixed Fees (“Fixed Fees”) are for mediation / neutral evaluation sessions that are conducted between the hours of 9.30am and 6.00pm. Such fees are to be shared equally between the parties and shall be paid before the commencement of mediation/ neutral evaluation.
- These are the hourly rates imposed upon each party for every hour, or part thereof, for sessions that continue after 6.00pm (“Hourly Rates”).
- Fixed Fees are applicable only to two-party disputes. For every additional party participating in the mediation / neutral evaluation session, an additional fee is payable (“Additional Party Fee”). The total of the Fixed Fees and the Additional Party Fee are to be shared equally between the parties.
4. Fees for MC Suits
- The fees payable by the parties to the Law Society of Singapore and the Mediator / Neutral for the time-being in force shall be as follows:
- Non-refundable administration fee of S$100.00 per party payable at the time the Request is filed.
- Mediation Fees as set out in paragraph 3 of the Fees Schedule.
- The mediation will be conducted within 2-hour time slots. If any additional hours are required, the hourly rate will apply.
- For all mediations concerning PIPD matters, the Mediation Fees for each two-party Mediation / Neutral Evaluation, shall be as follows (“Fees Schedule”):
Quantum of Claim / Counterclaim | TWO-PARTY DISPUTE | MULTI-PARTY DISPUTE | |||
Fixed Fees1 (S$) | Hourly Rate2 (S$) | Fixed Fees1 (S$) | Additional Party3 Fee (S$) | Hourly Rate2 (S$) | |
| Up to $20,000 | 600 | 200 | 600 | 300 | 200 |
Between S$ 20,000 and S$40,000 | 800 | 200 | 800 | 400 | 200 |
Between S$ 40,000 $60,000 | 1,000 | 200 | 1,000 | 500 | 200 |
- For the avoidance of doubt, the fees prescribed above do not include expenses reasonably incurred for the conduct of the mediation / neutral evaluation process, including disbursements for photocopying, telephone calls, facsimile transmissions and incidentals which shall be reimbursed at reasonable rates.
- Mediations / Neutral Evaluations may be held either in-person or via videoconference, subject to the parties’ mutual agreement, in writing. The parties shall bear the cost of hiring the premises if the mediation / neutral evaluation is held in-person.
- The Law Society of Singapore may review this Fees Schedule from time to time and will set out the latest fees and charges on the Law Society of Singapore’s website.
Notes
- These Fixed Fees (“Fixed Fees”) are for mediation / neutral evaluation sessions that are conducted for 2 hours between the hours of 9.30am and 6.00pm. Such fees are to be shared equally between the parties and shall be paid before the commencement of mediation / neutral evaluation.
- These are the hourly rates imposed upon each party for every hour, or part thereof, for sessions that continue after the 2-hour period has expired.
- Fixed Fees are applicable only to two-party disputes. For every additional party participating in the mediation / neutral evaluation session, an additional fee is payable (“Additional Party Fee”). The total of the Fixed Fees and the Additional Party Fee are to be shared equally between the parties.