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</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</p> Signup and view all the answers

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

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

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

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

    When was the Community Mediation Centres (CMC) established?

    <p>1998</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</p> Signup and view all the answers

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

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

    What year was the Singapore Mediation Centre established?

    <p>1997</p> Signup and view all the answers

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

    <p>Singapore Academy of Law</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</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.</p> Signup and view all the answers

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

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

    When was the Singapore International Mediation Centre established?

    <p>2014</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</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</p> Signup and view all the answers

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

    <p>Four</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</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</p> Signup and view all the answers

    Which organization handles disputes between financial institutions and consumers?

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

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

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

    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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    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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