Podcast
Questions and Answers
What is the primary focus of Rule 5 in the Legal Profession (Professional Conduct) Rules 2015?
What is the primary focus of Rule 5 in the Legal Profession (Professional Conduct) Rules 2015?
Which rule explicitly addresses the protection of a client's confidentiality?
Which rule explicitly addresses the protection of a client's confidentiality?
Which of the following is an ethical obligation outlined in the Legal Profession (Professional Conduct) Rules 2015 regarding negotiation?
Which of the following is an ethical obligation outlined in the Legal Profession (Professional Conduct) Rules 2015 regarding negotiation?
What is the concern associated with Rule 22 in the context of mediation advocacy?
What is the concern associated with Rule 22 in the context of mediation advocacy?
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Which ethical principle is highlighted in Rule 8 of the Legal Profession (Professional Conduct) Rules 2015?
Which ethical principle is highlighted in Rule 8 of the Legal Profession (Professional Conduct) Rules 2015?
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What type of disputes does the Community Mediation Centres (CMC) primarily handle?
What type of disputes does the Community Mediation Centres (CMC) primarily handle?
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Which institution regulates the professional conduct of registered medical practitioners in the context of mediation?
Which institution regulates the professional conduct of registered medical practitioners in the context of mediation?
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What is a primary function of the Council for Estate Agencies Mediation Sub-scheme?
What is a primary function of the Council for Estate Agencies Mediation Sub-scheme?
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Which of the following describes a primary concern of the General Healthcare Mediation Scheme?
Which of the following describes a primary concern of the General Healthcare Mediation Scheme?
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What must one do before utilizing the Singapore Medical Council Mediation Scheme?
What must one do before utilizing the Singapore Medical Council Mediation Scheme?
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Which mediation scheme specifically deals with disputes regarding retail tenancy agreements?
Which mediation scheme specifically deals with disputes regarding retail tenancy agreements?
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When was the Community Mediation Centres (CMC) established?
When was the Community Mediation Centres (CMC) established?
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Which of the following is NOT a type of dispute handled by the CMC?
Which of the following is NOT a type of dispute handled by the CMC?
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Which organization has oversight over the Community Mediation Centres (CMC)?
Which organization has oversight over the Community Mediation Centres (CMC)?
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What type of complaints can be addressed under the Singapore Medical Council Mediation Scheme?
What type of complaints can be addressed under the Singapore Medical Council Mediation Scheme?
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What year was the Singapore Mediation Centre established?
What year was the Singapore Mediation Centre established?
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Which entity closely links the Singapore Mediation Centre to the judicial system?
Which entity closely links the Singapore Mediation Centre to the judicial system?
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What type of disputes does the Singapore International Mediation Centre primarily focus on?
What type of disputes does the Singapore International Mediation Centre primarily focus on?
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What is the unique feature of the Up, Met, Up protocol under the SIMC?
What is the unique feature of the Up, Met, Up protocol under the SIMC?
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Who typically serves as the chairperson of the Singapore Mediation Centre?
Who typically serves as the chairperson of the Singapore Mediation Centre?
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What is the scope of cases that the Singapore Mediation Centre can handle?
What is the scope of cases that the Singapore Mediation Centre can handle?
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When was the Singapore International Mediation Centre established?
When was the Singapore International Mediation Centre established?
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Which of the following groups are included in the panel of senior mediators at the Singapore Mediation Centre?
Which of the following groups are included in the panel of senior mediators at the Singapore Mediation Centre?
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Which convention allows settlements to be enforced in member countries when awarded from the SIMC?
Which convention allows settlements to be enforced in member countries when awarded from the SIMC?
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How many panels of mediators exist within the Singapore Mediation Centre?
How many panels of mediators exist within the Singapore Mediation Centre?
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What type of disputes does the Committee for Private Education Med-Up Scheme primarily handle?
What type of disputes does the Committee for Private Education Med-Up Scheme primarily handle?
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What kind of subsidy does the Intellectual Property Office of Singapore provide under its mediation scheme?
What kind of subsidy does the Intellectual Property Office of Singapore provide under its mediation scheme?
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Which organization handles disputes between financial institutions and consumers?
Which organization handles disputes between financial institutions and consumers?
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In what scenarios does the Consumer Association of Singapore (CASE) provide mediation services?
In what scenarios does the Consumer Association of Singapore (CASE) provide mediation services?
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What types of complaints does the STRATA Titles Board address through its mediation services?
What types of complaints does the STRATA Titles Board address through its mediation services?
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Which entity is supported by both the Ministry of Law and the National University of Singapore?
Which entity is supported by both the Ministry of Law and the National University of Singapore?
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What are some typical issues dealt with by the Committee for Private Education Med-Up Scheme?
What are some typical issues dealt with by the Committee for Private Education Med-Up Scheme?
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Which types of disputes does the Intellectual Property Office of Singapore focus on?
Which types of disputes does the Intellectual Property Office of Singapore focus on?
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What is one common issue that could arise between subsidiary proprietors in strata title disputes?
What is one common issue that could arise between subsidiary proprietors in strata title disputes?
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Study Notes
Ethical Considerations for Mediation Advocates
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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.
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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.
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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.
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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.
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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.
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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.