What Is The Mediation Process Like During A Divorce In Singapore?

What Is Mediation?

For the purposes of divorce, mediation is a private process where a neutral third-party helps two disputing parties reach an amicable and satisfactory outcome. As a form of alternative dispute resolution, mediation for divorcing couples aims to use helpful communication and negotiation techniques to enable both parties to be able to come to a harmonious agreement about the issues that they may find hard to resolve on their own.

Mediation allows an impartial ‘outsider’ to help facilitate discussions between the two parties, and is helpful in ensuring the best outcome for the benefit of both parties. Unlike litigation in the Family Court, mediation is non-binding and is a more conciliatory form of trying to resolve a divorce.

What Are The Types Of Mediation In The Divorce Process?

Voluntary

Pursuant to section 50(1) and (2) of the Women’s Charter, with consent of the parties, the court may refer them to attend mediation sessions, if it is considered to be in the interest of both parties as well as the children.

Mandatory

Pursuant to section 50(3A) of the Women’s Charter, the court has the power to order parties to attend mediation sessions.

Since mediation is mandatory in this instance, there may be penalties involved for non-compliance. For example, under section 3(E) of the Women’s Charter, the court my make further orders such as a stay of proceedings until the parties have attended the mediation, or order costs on the party or parties who fails to attend mandatory mediation.

Who Are The Mediators In Divorce Proceedings?

Mediations that take place in the Family Justice Courts (CFRC) are conducted by Judge Mediators. In other instances, mediators may be volunteer law academics or volunteer counsellor-mediators.

Why Should I Consider Mediation?

• It helps both parties to work through contentious issues in a non-confrontational and non-aggressive manner.
• Parties are encouraged to make their own decisions on how to resolve the issues and conflicts between them.
• Co-operation between the parties allows them to have full control over the outcome.
• Enables parties to resolve conflict in a facilitated environment that helps to prevent acrimony between the parties.
• Parties can avoid emotional stress on themselves, and on their children.
• Saves both time and legal costs – not having to go to trial.
• Parties do not have to worry about orders being imposed on them by a judge.

What Is The Process Of Mediation In Divorce Like?

Start Of Mediation

Your solicitor(s) will attend the mediation sessions with you and your spouse. The solicitor will provide the necessary information to the Mediation Judge on the background of your marriage, you and your spouse’s brief particulars, the status of the proceedings leading up to the mediation, the areas of dispute and conflict, as well as you and your spouse’s respective positions on the terms and conditions of the divorce.

During Mediation

During mediation, you and your spouse (along with your solicitor(s)) will attend before the Mediation Judge who will try and facilitate both parties in reaching a settlement by negotiation. You will be able to address the divorce itself as well as the ancillary matters relating to your marriage:-

Divorce

You and your spouse may be at a stage where you are unsure about the divorce, and whether your marriage can be salvaged. Alternatively, you may want to discuss the Statement of Particulars and the possibility of removing particulars or on proceeding on the Counterclaim or both parties' claims.

Your Children

During mediation, you and your spouse can identify impacts that your divorce can have on your children, make decisions on who should have custody, care and control of the children, as well as access rights. The mediator can also facilitate how you and your spouse can proceed in the best interests on your children, establish a parenting plan, as well as the general decisions concerning their welfare and future.

Maintenance For Your Children And/Or Spouse

If maintenance matters are being discussed during mediation, you and your spouse will be required to provide financial documents such as your employment contract, monthly pay slips, income tax statements, CPF statements, as well as proof of monthly expenses. The mediator will help to facilitate discussions based on the documents provided, enabling you and your spouse to come to an agreeable and reasonable sum for maintenance.

Division Of Your Matrimonial Assets

Where there is a dispute between you and your spouse over matrimonial assets and how to divide them, you will have to give your solicitor a list of your matrimonial assets, the estimated value for each asset, and also obtain documents such as bank statements, CPF statements, property valuation reports, renovation expenses etc.

What Else Should I Know About Mediation?

 

• Mediation sessions are free when conducted at the Family Justice Courts or the Child Focused Resolution Centre (CFRC).
• Mediation sessions are without prejudice and privileged. Discussions, documents and communications during the course of mediation are confidentially protected, and cannot be disclosed to third parties, or in Court, if the proceedings subsequently move onto litigation.
• Mediation sessions usually last for a few hours, and the number of sessions required depends largely on the agreeableness of the parties involved.

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