Mediation is a private dispute resolution process where parties agree to refer their dispute to a mediator, whose role is to assist the parties in arriving at a mutually acceptable resolution of the dispute. Although the mediator is a neutral third party to the mediation process, the mediator is not an arbiter and does not make any decisions on behalf of the parties.
The Law Society Mediation Scheme (‘LSMS’) seeks to provide disputants with an opportunity to resolve their civil disputes through mediation in a cost-effective and timely manner without having to resort to or continue with litigation or arbitration. The LSMS complements the existing Law Society Arbitration Scheme (‘LSAS’) and provides parties with the option of having their disputes under LSAS mediated either before or after LSAS arbitration proceedings have commenced. Like the LSAS, the LSMS, through its rules, embodies a system of mediation available to the public that is quick and user-friendly. The mediator can conduct the mediation in any manner which he or she deems fit.
Disputes suitable for mediation under the LSMS
All types of civil disputes are suitable for mediation under the LSMS. There is no monetary limit for a civil dispute to be mediated under the LSMS.
Where the value of the claim is $250,000 and below, a Senior Mediator will be appointed from the LSMS Panel of Mediators to mediate the dispute.
Where the value of the claim is above $250,000, both a Senior Mediator and an Associate Mediator will be appointed from the LSMS Panel of Mediators. The Senior Mediator shall conduct the mediation and the Associate Mediator shall assist the Senior Mediator.
Important features of the LSMS
Some important features are as follows:
- Before commencing mediation under the LSMS, all parties must be agree to mediate the dispute under the LSMS. For details on how to procure all parties’ agreement, please click here.
- The parties are free to agree how, and in what form, they will present or inform the mediator of their case.
- The mediator has the freedom to conduct the mediation in any manner, with the view of facilitating the mediation of the dispute in accordance with the parties’ wishes.
- All mediation sessions are private. All mediation communications are confidential and can only be disclosed with the consent of the party who made the communication. There is no formal record or transcript of the mediation.
- Any mediation settlement agreement entered into between the parties is binding, if it is in writing and signed by the parties.
- Mediations under the LSMS are expected to be quick and efficient, where a mediation is deemed to conclude when no mediation settlement agreement is signed by parties within 30 calendar days of commencement of the mediation.
- Mediations under the LSMS may also conclude with the parties agreeing to refer the dispute to the LSAS, where the mediation settlement agreement may be recorded as a consent order under the LSAS or the unresolved dispute may proceed for arbitration under the simple LSAS arbitration procedure.
The LSMS Panel of Mediators
Where parties mediate under the LSMS, they can only choose mediators from the LSMS Panel of Mediators (‘Panel’). All mediators from Panel are experienced lawyers who have satisfied the minimum criteria of mediator accreditation and mediation experience set by the Law Society of Singapore. The Panel is divided into the categories of ‘Senior Mediator’ and ‘Associate Mediator’.
For the list of Senior Mediators, please click here.
For the list of Associate Mediators, please click here.
The Fees Schedule of the Law Society Mediation Rules sets out the following fees:
- The administrative charges and mediation fees; and
- The applicable charges for the use of the Law Society’s facilities (subject to availability) when parties engage in mediation under the LSMS.
To access the latest Fees Schedule, please click here.
Frequently Asked Questions
For a list of frequently asked questions on the LSMS, please click here.
For queries on the LSMS, please e-mail firstname.lastname@example.org.