Mediation is not a modern concept; it is increasingly well known as a method for alternative conflict settlement. This article acts as a detailed guide for mediation in Singapore.
Every form of civil conflict can be resolved, and there is no restriction on the sort of dispute an international law firm in Singapore can mediate. Often, there is no limit to the amount you may request in a dispute. Mediation helps overcome misunderstandings by presenting the participants with a fair and impartial forum to focus on their concerns. Moreover, a company that takes conflict management into account, such as mediation, is a company that is in a stronger position to negotiate with conflicts and has more influence over the handling of contractual partnerships.
A mediator, who may be a lawyer or a qualified person, facilitates the mediation process in a mediation session by assisting the parties in:
- Identifying disputed issues
- A look at the choices available
- Negotiate a settlement deal
The provisions of the settlement arrangement are entirely the outcome of the parties’ negotiations, and the mediator can not decide on either side. If even after negotiating sessions, the parties can not negotiate to a resolution, they are free to take court action if they so wish.
You save money. The settlement process will usually be less expensive. The parties will save on legal expenses, such as hiring an attorney, court hearings, and any costs associated with planning for and going to trial.
A mediation session can be formed within two weeks, on average. Via mediation, disputes are usually resolved for an average period of 3-4 sessions within one working day or at most. In comparison, it typically takes months for court hearings, particularly if the case goes to trial. Remember that wasting lengthy stretches of time in court hearings will result in higher legal costs. Therefore, via mediation, parties can stop wasting a significant amount of time planning for legal hearings and use the time available for more practical reasons, such as contributing to their enterprises.
The entire mediation process is private, and this ensures the participants will securely discuss their solutions without creating any unwanted attention for their disagreement. In comparison, court hearings are publicly accessible and can be published in newspapers. This aspect of the mediation process is essential to any person or organization who wants to retain a positive public profile. Once the parties negotiate a settlement, they can even wish to confidentiality the terms of their compromise arrangement.
The mediation process is more open and relaxed than legal hearings and offers a perfect opportunity for consultation and mediator contact with the parties. The parties may find an innovative or unorthodox compromise without being solely bound by legislation. In comparison, it is formal legal hearings and the resulting hearing. This is because the judge has a responsibility to ensure that the court rules and current legal standards are upheld in the case.
The primary aim of mediation is to enable mediation parties to resolve their disputes respectfully and to ensure that winners are involved in the process. Mediation thereby helps maintain partnerships, such as maintaining the stability of a contract according to the lease agreement with no interruption to each party’s enterprise.
The mediator’s task in the mediation is not to decide or a conclusion about who is at fault in the conflict. The mediator focuses on initiating the mediation process to help the mediation groups identify options that resolve their issues and needs. The purpose of mediation, provided the above, is to help the parties find a realistic compromise agreeable to all concerned. This is because the negotiating parties are the ones who can determine how to resolve their conflict, including their settlement arrangement specifics. Therefore, the resolution of the case is squarely under their power. Each side will escape the possibility of losing in court if they wish to pursue judicial redress in the courts of Singapore.