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  • ​What is mediation?
  • What is the role of a mediator?
  • What happens during mediation?
  • What are the benefits of a mediation?
  • What happens if mediation is successful?
  • What happens if mediation is unsuccessful?
  • Can a lawyer be present during mediation?
  • Is there a fee for choosing mediation? 
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1)     What is mediation?
Mediation is an alternative form of dispute resolution. It is a voluntary process in which parties agree to appear before a neutral person (known as 'mediator') to resolve their case and reach an amicable settlement.


2)    What is the role of a mediator?
The purpose of a mediator is to facilitate the communication and discussion between parties. Their role is to assist parties to explore solutions to their issues. A mediator does not give legal advice or make decisions or offer solutions.


3)    What happens during mediation?

    1. Introduction by mediator – the mediator will explain the purpose of mediation, the role of a mediator and parties, the stages of mediation and rules of mediation (i.e. confidentiality and 'without prejudice' i.e. any offers or admission cannot be used by parties outside the mediation).
    2. Opening statement by parties – parties are given a chance to explain their case and their expectations
    3. Setting of agenda – parties will list down the issues they wish to discuss during mediation
    4. Joint discussion – parties will discuss the issues with the assistance of the mediator
    5. Private session – if needed, the mediator will speak to each party separately. This private session is confidential. The mediator will not disclose any discussion unless the party consents to it.
    6. Exchange of solution and offers – parties will discuss further on the solutions and offers given. A settlement will only be entered if both parties agree.

4)    What are the benefits of mediation?

  1. ​​Confidentiality: Any matter discussed or offers made during the mediation cannot be disclosed to anyone else. It does not form part of the public record (i.e. it will not be published in newspaper) and it cannot be raised during trial if the mediation is unsuccessful.
  2. Saves time and money: Saves parties from incurring more cost as litigation can take months or years. 
  3. Flexible: It is not restricted to the strict rules of evidence that is applicable in trial.
  4. Parties have more control of the outcome: Unlike trial where there will be a 'winner' and a 'loser', both parties can 'win' in mediation as they have more control of the process and outcome.  Parties can also be creative in their settlement.
  5. Voluntary: You do not have to enter into a settlement if you do not agree to it.
     

5)    What happens if mediation is successful?
A consent order will be drafted with the terms that have been agreed by parties. The consent order will be signed by parties and filed with the Court. ​​

6)    What happens if mediation is unsuccessful?
The matter will be referred back to the Trial Magistrate to fix dates for trial.​

7)    Can a lawyer be present during mediation?
Lawyers may be present during mediation. However, the mediator will encourage for the plaintiff and defendant to actively participate in the mediation as opposed to their Counsel. Counsel can still give legal advice to their client during the mediation process. 

8)    Is there a fee for choosing mediation?
You do not have to pay any fee for mediation services.