MED - Ethical Considerations in Mediation Advocacy
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Questions and Answers

What is the primary focus of Rule 5 in the Legal Profession (Professional Conduct) Rules 2015?

  • Maintaining client confidentiality
  • Avoiding conflicts of interest
  • Ensuring competence in advising the client (correct)
  • Promoting fairness in negotiations

Which rule explicitly addresses the protection of a client's confidentiality?

  • Rule 8
  • Rule 7
  • Rule 6 (correct)
  • Rule 22

Which of the following is an ethical obligation outlined in the Legal Profession (Professional Conduct) Rules 2015 regarding negotiation?

  • Conducting negotiations with dishonesty
  • Using manipulative techniques to achieve results
  • Acting with courtesy and fairness (correct)
  • Prioritizing personal interests over client interests

What is the concern associated with Rule 22 in the context of mediation advocacy?

<p>Engaging in a conflict of interest (B)</p> Signup and view all the answers

Which ethical principle is highlighted in Rule 8 of the Legal Profession (Professional Conduct) Rules 2015?

<p>Honesty, honourability, and good faith (C)</p> Signup and view all the answers

What type of disputes does the Community Mediation Centres (CMC) primarily handle?

<p>Social or community disputes (C)</p> Signup and view all the answers

Which institution regulates the professional conduct of registered medical practitioners in the context of mediation?

<p>Singapore Medical Council (B)</p> Signup and view all the answers

What is a primary function of the Council for Estate Agencies Mediation Sub-scheme?

<p>Managing disputes between clients and estate agencies (C)</p> Signup and view all the answers

Which of the following describes a primary concern of the General Healthcare Mediation Scheme?

<p>Patient care and quality of service (A)</p> Signup and view all the answers

What must one do before utilizing the Singapore Medical Council Mediation Scheme?

<p>Lodge a complaint with the Singapore Medical Council (A)</p> Signup and view all the answers

Which mediation scheme specifically deals with disputes regarding retail tenancy agreements?

<p>Fair Tenancy Industry Committee scheme (B)</p> Signup and view all the answers

When was the Community Mediation Centres (CMC) established?

<p>1998 (D)</p> Signup and view all the answers

Which of the following is NOT a type of dispute handled by the CMC?

<p>Disputes related to commercial contracts (B)</p> Signup and view all the answers

Which organization has oversight over the Community Mediation Centres (CMC)?

<p>Ministry of Law (A)</p> Signup and view all the answers

What type of complaints can be addressed under the Singapore Medical Council Mediation Scheme?

<p>Serious misconduct such as misdiagnosis (A)</p> Signup and view all the answers

What year was the Singapore Mediation Centre established?

<p>1997 (C)</p> Signup and view all the answers

Which entity closely links the Singapore Mediation Centre to the judicial system?

<p>Singapore Academy of Law (C)</p> Signup and view all the answers

What type of disputes does the Singapore International Mediation Centre primarily focus on?

<p>International or cross-border disputes (A)</p> Signup and view all the answers

What is the unique feature of the Up, Met, Up protocol under the SIMC?

<p>Mediated settlements can be converted into arbitral awards. (C)</p> Signup and view all the answers

Who typically serves as the chairperson of the Singapore Mediation Centre?

<p>A sitting Supreme Court judge (B)</p> Signup and view all the answers

What is the scope of cases that the Singapore Mediation Centre can handle?

<p>Any civil matter of any amount and type (D)</p> Signup and view all the answers

When was the Singapore International Mediation Centre established?

<p>2014 (A)</p> Signup and view all the answers

Which of the following groups are included in the panel of senior mediators at the Singapore Mediation Centre?

<p>Retired judges and judicial commissioners (B)</p> Signup and view all the answers

Which convention allows settlements to be enforced in member countries when awarded from the SIMC?

<p>New York Convention (D)</p> Signup and view all the answers

How many panels of mediators exist within the Singapore Mediation Centre?

<p>Four (C)</p> Signup and view all the answers

What type of disputes does the Committee for Private Education Med-Up Scheme primarily handle?

<p>Disputes between private education institutions and students (B)</p> Signup and view all the answers

What kind of subsidy does the Intellectual Property Office of Singapore provide under its mediation scheme?

<p>Subsidy for disputes involving foreign IP rights (A)</p> Signup and view all the answers

Which organization handles disputes between financial institutions and consumers?

<p>Financial Industry Disputes Resolution Centre Limited (FIDRAC) (C)</p> Signup and view all the answers

In what scenarios does the Consumer Association of Singapore (CASE) provide mediation services?

<p>Business consumer disputes (D)</p> Signup and view all the answers

What types of complaints does the STRATA Titles Board address through its mediation services?

<p>Disputes related to strata title property (C)</p> Signup and view all the answers

Which entity is supported by both the Ministry of Law and the National University of Singapore?

<p>Singapore International Mediation Institute (CME) (B)</p> Signup and view all the answers

What are some typical issues dealt with by the Committee for Private Education Med-Up Scheme?

<p>Quality of courses and teacher qualifications (B)</p> Signup and view all the answers

Which types of disputes does the Intellectual Property Office of Singapore focus on?

<p>Copyright, patents, and passing off (D)</p> Signup and view all the answers

What is one common issue that could arise between subsidiary proprietors in strata title disputes?

<p>Conflicts regarding alterations to the facade of the property (B)</p> Signup and view all the answers

Flashcards

Mediation Advocate's Competence

A mediator must advise a client appropriately, considering their best alternative to a negotiated agreement (BATNA).

Client Confidentiality in Mediation

Mediation advocates are bound by rules to protect client information.

Conflict of Interest in Mediation

Mediation advocates must avoid situations where their interests clash with a client's.

Mediation Advocate's Courtesy and Fairness

Mediation advocates should treat all parties with respect and fairness.

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Honesty and Good Faith in Mediation

Mediation advocates are required to be honest and act fairly in negotiation.

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What is the SMC?

The Singapore Mediation Centre (SMC) was established in 1997 to promote commercial mediation in Singapore. It's linked to the Singapore Academy of Law and the courts.

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Where are SMC mediation chambers located?

SMC mediation chambers are located within the Supreme Court building in Singapore.

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What type of cases does SMC handle?

SMC has no jurisdictional limits, meaning it handles any civil matter, regardless of its size, type, or location.

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Who are the Senior Mediators in SMC?

Senior Mediators at SMC are composed of experienced judges, including sitting Supreme Court judges, retired judges, and judicial commissioners.

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What is the SIMC?

The Singapore International Mediation Centre (SIMC) is a non-profit organization established in 2014, focusing on cross-border disputes.

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What is SIMC's aim?

SIMC's goal is to establish Singapore as a hub for international commercial mediation.

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What are cross-border disputes?

Disputes involving parties from different countries or jurisdictions.

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What is the 'Up, Met, Up' protocol?

The 'Up, Met, Up' protocol used by SIMC allows settlements reached through mediation to be converted into binding arbitral awards.

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Why is the 'Up, Met, Up' protocol important?

The 'Up, Met, Up' protocol enables easier enforcement of mediated settlements in countries that are signatories to the New York Convention.

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What is the New York Convention?

The New York Convention is an international treaty that simplifies the enforcement of arbitral awards across signatory countries.

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What is the Community Mediation Centre (CMC)?

The CMC is a body that offers mediation services for social or community disputes. It aims to promote social harmony by helping parties resolve disagreements peacefully.

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What types of disputes does the CMC handle?

The CMC handles disputes in general social or community settings, such as neighborly conflicts, family disagreements, problems among friends, or issues between coworkers.

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What is the Law Society Mediation Scheme?

The Law Society Mediation Scheme, managed by the Law Society of Singapore, offers mediation services for general disputes, complementing their Law Society Arbitration Scheme.

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Council for Estate Agencies Mediation Sub-scheme

This scheme, operated under the Singapore Mediation Centre (SMC) in collaboration with the Council of Estate Agencies, handles disputes between clients and estate agencies or their agents.

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Fair Tenancy Industry Committee Scheme

This scheme, under the SMC, handles disputes related to retail tenancy agreements.

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General Healthcare Mediation Scheme

This scheme, part of the SMC, addresses disputes between healthcare institutions and patients, covering issues like patient care and service quality.

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SMC Singapore Medical Council Mediation Scheme

This scheme, also under the SMC, handles disputes between patients and registered medical practitioners, particularly those involving serious misconduct like misdiagnosis or negligence.

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What is the Singapore Mediation Centre (SMC)?

The SMC is a non-profit organization that offers various mediation schemes covering different industries and dispute categories. It promotes alternative dispute resolution.

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What is the difference between the CMC and the Law Society Mediation Scheme?

The CMC focuses on general social or community disputes, while the Law Society Mediation Scheme handles a broader range of general disagreements, often involving legal matters.

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What is the role of the Singapore Medical Council?

The Singapore Medical Council regulates the conduct of registered medical practitioners and investigates complaints against them related to professional misconduct.

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Committee for Private Education (CPE) Med-Up Scheme

A mediation scheme offered by the Singapore Mediation Centre, the Singapore Institute of Arbitrators, and the CPE to resolve disputes between private education institutions and students, typically regarding enrollment, fees, course quality, or teachers.

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Intellectual Property Office (IPOS) Mediation Scheme

A mediation scheme run by the IPOS, in collaboration with the Singapore Mediation Centre, for disputes related to copyright, patents, trademarks, and passing off.

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IPOS Subsidy

A financial assistance offered by IPOS to parties involved in mediation disputes concerning foreign intellectual property rights.

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Financial Industry Disputes Resolution Centre (FIDRACL)

An organization handling disputes between financial institutions (banks, insurers, financial advisors) and consumers, covering insurance policies, bank accounts, or investment products.

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Consumer Association of Singapore (CASE)

An organization dedicated to consumer protection, offering mediation services for resolving disputes between businesses and consumers regarding goods or services.

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STRATA Titles Board Mediation

Mediation services provided by the STRATA Titles Board to resolve disputes involving strata title properties (e.g., apartments) between subsidiary proprietors or between a proprietor and the management corporation.

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Typical STRATA Disputes

Common disputes handled by the STRATA Titles Board include issues like water leakage from upstairs apartments or alterations made to the facade of an apartment.

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Singapore International Mediation Institute (CME)

A non-profit organization focusing on international mediation, supported by the Ministry of Law and the National University of Singapore.

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CME's Goal

CME aims to promote and develop mediation as a means of resolving disputes, particularly in international settings.

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Study Notes

Ethical Considerations for Mediation Advocates

  • Role of a Mediation Advocate:

    • Prepare the client for mediation, including presenting their case and negotiating with the other party.
    • Assist the mediator by understanding the dispute, ensuring constructive negotiation, and managing client emotions.
    • Ensure any client decision is well-considered and informed.
    • Ensure settlement terms are in the client's best interests, reflecting their intentions.
    • Assist with any follow-up actions after the mediation.
    • Protect and uphold the client's interests during mediation, even though approach is less adversarial than litigation.
    • Work constructively towards a mutually acceptable solution.

  • Specific Considerations for Family Proceedings:

    • Advise clients on all available dispute resolution options, including mediation, so they can make informed decisions.
    • Encourage amicability and constructive behavior during proceedings wherever possible.

  • Confidentiality:

    • Do not reveal information that the client instructs you not to.
    • Seek client permission if unsure about disclosing information during mediation.
    • Do not share mediation information or outcomes with others without client authorization.
    • Maintain confidentiality of information about the other party, obtained during mediation, and discourage the client from revealing it without the other party's permission.
    • Emphasize confidentiality protocols to the client.

  • Competence:

    • Advise the client honestly, competently, and diligently.
    • Ensure the client can make good, informed decisions.
    • Realistically assess the strengths and weaknesses of their case, best and worst alternative negotiation outcomes, costs, time, and other relevant factors.

  • Conflict of Interest:

    • Respect and honour client decision-making, even if not agreeing with it.
    • Ensure that when providing information or making proposals during mediation, the client has authorized those actions.
    • Do not act without client authorization.
    • Avoid any conflicts of interest with other clients or parties.

  • Fairness and Honesty:

    • Ensure personal interests do not conflict with clients'.
    • Do not represent conflicting interests.
    • Do not act for a party in mediation if you've previously been the mediator.
    • Proceed with courtesy, fairness, honesty, and good faith in all negotiations.
    • Do not exert undue pressure or influence on clients.

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Related Documents

Lecture 5 - Ethical Considerations PDF
Singapore Mediation Landscape PDF

Description

This quiz explores the essential ethical considerations for mediation advocates, particularly their role in preparing clients and assisting in family proceedings. Learn how to protect client interests, ensure informed decision-making, and promote constructive negotiation during mediation. Test your understanding of the principles vital for effective mediation advocacy.

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