It is human nature to be involved in disputes and conflicts. Be it at home, or in the office, between family and friends, we have encountered at least one or two misunderstanding in our unpredictable life. Some of these situations are brought up to the extreme, such as through physical violence, which isn't the brightest solution. However, there are two ways for a client to solve his legal problem - filing a case in Court or through mediation.

Mediation is always an option if you are thinking about taking your dispute to court. The signs to look out for when mediation is the best alternative, such as if the dispute has been ongoing, or if the dispute is upsetting and affecting your daily life.

In Singapore, mediation is strongly encouraged in the Courts. To seek Court mediation, the client has to commence legal proceedings in Court. It would be beneficial for the client to seek mediation services before filing his case in Court.

Court proceedings are time consuming, expensive and emotional. Legal principles, court procedures and processes control the outcome of Court proceedings. The client cannot predict the success of his case during the Court proceedings. However, through mediation, one is able to foresee the solution during the negotiation performed while resolving the conflict.

A client can find creative and win-win solutions as it focuses on the present and the future; thus allowing the client to preserve business relationships. Unlike a judge or an arbitrator whose decisions allows one party to win and the other to lose, mediation is about finding a solution that showcases equality.

"The client can contact lawyers who are trained mediators. We provide such mediation services," said Mr. Rajan Chettiar, Founder of Messrs Rajan Chettair & Co. "These sessions will be held at the client's convenience in our office in a confidential environment. We will provide the necessary administrative support to facilitate the mediation session."

When should I consider using mediation?

While mediation cannot solve all legal disputes, it can be helpful in most cases. It is more appropriate in some situations than other alternatives to solve the conflict.

Do consider using mediation when the people involved are willing to meet up face to face, and try to settle it. During the mediation, both parties are encouraged to be flexible and informal, as it is comfortable for the both of them to exchange their upsets easily. Both parties must agree on the proper way of negotiation and there will be no other options to settle it.

The conflict must follow up with a practical solution that would create peace and harmony between both parties. Even though it is flexible and an informal process of mediation, both parties must maintain a civilized relationship after the dispute is settled.