ALTERNATIVE DISPUTE RESOLUTION SERVICES
We are one of the very first law firms to believe that clients ought to mediate first to resolve all disputes and going to Court is a last resort. Before advising our clients to file Court proceedings, we will also explore the various forms of alternate dispute resolution.
We advise our clients to negotiate with the other party to resolve the disputes. We offer them useful advice on how to negotiate with the party. We provide legal advice, support and strategy in the background whilst they engage in negotiation.
We also engage with negotiation with the solicitors for the other party to resolve disputes.
Court Proceedings vs Mediation
Generally, there are two ways for you to solve your legal problem – filing a case in Court or through mediation or other forms of alternative dispute resolution.
Court proceedings are time consuming, expensive and stressful. Legal principles, court procedures and processes control the outcome of any court proceedings – you cannot predict the success of your matter until the final judgment is delivered.
What Is Mediation?
It is a process where disputants can seek the assistance of a neutral person, a mediator to assist them to reach an amicable settlement to their dispute.
Whatever the dispute, mediation is always an option. Resolving a dispute can never be overemphasised, as an early solution to the dispute. In Singapore, mediation is strongly encouraged by the Courts. For all divorce matters commenced in Singapore involving a child below the age of twenty-one (21) years old, there is compulsory counselling and mediation at the Child Focused Resolution Centre of the Family Justice Courts to explore settlement of all issues for the welfare of the child.
The result of mediation is a win-win solution that is far more desirable than court proceedings and which also helps to preserve relationships.
Unlike a judge or an arbitrator whose decision allows one party to be punished and the other rewarded, mediation is about finding a win-win solution that is fair to both parties, Parties control the mediation process and arrive at mutual outcomes.
When To Consider Mediation?
While mediation is not for all legal disputes which require defining certain legal rights and obligations, it can be helpful in resolving matrimonial problems, family and commercial disputes.
To seek Court mediation, you have to first commence legal proceedings in Court. It is always beneficial for you to seek mediation services before filing your case in Court. This would alleviate the time and the costs of litigation. Come speak with us on the merits of filing a legal suit and seeking resolution through mediation.
How Does Mediation Work?
Both parties must agree to attend mediation to negotiate a settlement, with a view to end the conflict as amicably as possible. They can agree to appoint one mediator to assist them. During mediation, both parties are encouraged to be flexible and be prepared to hear both sides of the story. The mediator will then hear each party and act as a facilitator to assist parties to reach an amicable solution.
Collaborative Family Practice
Collaborative Family Practice (“CFP”) is a form of alternative dispute resolution, wherein parties work with specially trained CFP lawyers and other family specialists such as financial advisers and child specialists as necessary to reach an agreement that suits the interests of the family. CFP is undertaken before the start of any court proceedings. A unique feature of CFP is that the CFP lawyers cannot represent their clients in future litigation if settlement is not reached, thus providing a greater incentive for parties and lawyers to resolve their disputes.
We offer CFP services to our clients when their circumstances are appropriate for CFP. We also work with the Singapore Mediation Centre to provide CFP representation to interested parties.