MED - Legal Framework for Mediation in Singapore
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Questions and Answers

What is the primary requirement for a mediated settlement agreement according to the Mediation Act?

  • It must be documented in writing and signed by both parties.
  • It must include a clause for mandatory arbitration in case of disputes.
  • It must comply with specific legal formalities outlined in s2 of the Mediation Act. (correct)
  • It must be approved by the court prior to mediation.

Under which circumstance can a court refuse to enforce a mediated agreement?

  • If it was not recorded as a consent order.
  • If one party was under duress during mediation. (correct)
  • If the mediation process was not completed within a specified timeframe.
  • If both parties failed to attend the mediation session.

What does s9 of the Mediation Act pertain to?

  • Requirements for mediator qualifications.
  • Privilege of the mediated settlement agreement.
  • Stay of proceedings during mediation.
  • Confidentiality of mediation discussions. (correct)

What are the consequences of rejecting mediation according to the Rules of Court 2021, O. 21, r. 2(2)(a)?

<p>Potential cost consequences imposed by the court. (B)</p> Signup and view all the answers

Which legal principle is applied to determine if a party unreasonably refused ADR?

<p>Test from Churchill v Merthyr Tydfil (A)</p> Signup and view all the answers

What does the phrase 'without prejudice privilege' in s10 of the Mediation Act ensure?

<p>Mediation discussions cannot be used in court. (C)</p> Signup and view all the answers

What is the primary legal framework that governs mediations in the described context?

<p>Mediation Act 2017 (A)</p> Signup and view all the answers

Which court case highlighted that a court cannot compel parties to mediate?

<p>Maxx Engineering v PQ Builders Pte Ltd (A)</p> Signup and view all the answers

What requirement is emphasized by PD 53 regarding lawyers in mediation cases?

<p>Informing clients about the process and costs of ADR. (C)</p> Signup and view all the answers

What is the main characteristic of positional bargaining in negotiations?

<p>It involves holding firm to a predetermined position. (C)</p> Signup and view all the answers

In the context of mediation, what role does the mediator play in helping the parties?

<p>To assist parties in surfacing their underlying interests. (B)</p> Signup and view all the answers

What differentiates a position from an interest in the context of negotiation?

<p>Positions are demands, whereas interests represent motivations. (C)</p> Signup and view all the answers

Which of the following statements about the competitive nature of positional bargaining is true?

<p>It often results in haggling and threats. (D)</p> Signup and view all the answers

How does a mediator facilitate collaboration during mediation?

<p>By helping parties recognize and work towards common interests. (C)</p> Signup and view all the answers

What is the role of a mediator in interest-based negotiation?

<p>To assist parties in recognizing their common interests. (A)</p> Signup and view all the answers

What allows parties to assist each other effectively during mediation?

<p>A willingness to consider each other's interests. (C)</p> Signup and view all the answers

What is a potential outcome of parties not recognizing their interests during a negotiation?

<p>They may remain stuck on their positions and fail to negotiate effectively. (C)</p> Signup and view all the answers

What technique might a mediator use to uncover underlying interests?

<p>Asking probing questions like 'why?' (A)</p> Signup and view all the answers

Which of the following is NOT one of the seven essential elements of interest-based negotiation?

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

How does interest-based mediation differ from traditional mediation?

<p>It promotes joint problem solving. (B)</p> Signup and view all the answers

In interest-based negotiation, why is it important to generate multiple options?

<p>To increase the likelihood of resolving disputes. (D)</p> Signup and view all the answers

What aspect does the relationship element in interest-based negotiation focus on?

<p>Building trust and cooperation. (A)</p> Signup and view all the answers

Which of the following statements is true regarding conflicting interests in mediation?

<p>They can be beneficial if managed properly. (D)</p> Signup and view all the answers

What is the primary aim of the question 'why not?' during mediation?

<p>To uncover objections and deeper concerns. (D)</p> Signup and view all the answers

What does the focus on options in interest-based negotiation imply?

<p>Parties will have better chances of resolving disputes. (B)</p> Signup and view all the answers

What crucial factor may lead a client to reconsider accepting a settlement offer of $100,000?

<p>The potential length of court proceedings and associated costs. (A), The amount of compensation they could receive after court. (D)</p> Signup and view all the answers

Which element of mediation emphasizes the importance of both speaking and listening?

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

In mediation sessions, what is often more effective than having lawyers speak for clients?

<p>Encouraging clients to express their own views. (A)</p> Signup and view all the answers

Why is listening considered critical in mediation and negotiation settings?

<p>It helps identify the underlying concerns of all parties. (C)</p> Signup and view all the answers

What additional role do mediation advocates play beyond aiding communication?

<p>They assist in building and maintaining relationships between parties. (B)</p> Signup and view all the answers

What is the primary purpose of generating options during mediation?

<p>To focus on the interests of the parties rather than their positions (C)</p> Signup and view all the answers

Which of the following best describes the nature of discussions during a problem-solving or brainstorming session in mediation?

<p>Encouraging a wide range of ideas without immediate judgment (A)</p> Signup and view all the answers

How should the assessment of options generated in mediation typically occur?

<p>After all ideas have been exhausted and discussed (B)</p> Signup and view all the answers

What does the concept of reactive devaluation refer to in negotiations?

<p>The tendency to disregard any proposals from the opposing party (D)</p> Signup and view all the answers

What role do objective criteria play in the decision-making process during mediation?

<p>They provide a reference point that is independent of the parties involved (B)</p> Signup and view all the answers

In what way can market rates influence mediation outcomes?

<p>They provide a basis for assessing the reasonableness of offers (B)</p> Signup and view all the answers

What is the significance of allowing unfeasible ideas to be presented during brainstorming in mediation?

<p>It helps to inspire more creative and viable solutions later (B)</p> Signup and view all the answers

Why might parties be distrustful of each other during mediation?

<p>Prior interactions may have been adversarial or negative (B)</p> Signup and view all the answers

What outcome is primarily sought when parties generate a multitude of options in mediation?

<p>To create a list of options for further negotiation (B)</p> Signup and view all the answers

What is the ultimate goal of employing objective criteria in the mediation process?

<p>To facilitate a fair and impartial decision-making process (D)</p> Signup and view all the answers

What is the primary role of objective criteria in negotiations?

<p>To provide a fair basis for the parties to decide. (D)</p> Signup and view all the answers

How does an independent expert contribute to the negotiation process?

<p>By providing an objective perspective on the issues at hand. (D)</p> Signup and view all the answers

What is the purpose of assessing alternatives during a negotiation?

<p>To determine the potential best options available. (D)</p> Signup and view all the answers

In what scenario might an alternative become a useful tool in mediation?

<p>When parties are unsure about accepting an offer. (D)</p> Signup and view all the answers

Why might parties feel more comfortable using an independent expert in decision-making?

<p>Experts operate without any connection to either party. (A)</p> Signup and view all the answers

What should parties consider if they decide to walk away from negotiations?

<p>The time and expense involved in pursuing legal action. (C)</p> Signup and view all the answers

Which of the following best describes the use of objective criteria in a mediation?

<p>It is a tool to facilitate decisions based on fairness. (C)</p> Signup and view all the answers

What is typically the worst-case scenario an individual might consider in negotiation?

<p>Walking away with nothing and no agreements. (B)</p> Signup and view all the answers

What is a potential consequence of relying solely on proposals from the other side in negotiations?

<p>It may lead to one-sided outcomes favoring the proposer. (C)</p> Signup and view all the answers

Which statement accurately captures the essence of mediation?

<p>It is a collaborative effort to find mutually acceptable solutions. (B)</p> Signup and view all the answers

Flashcards

Mediation Act 2017

A law that governs mediation in Singapore, outlining its procedures, confidentiality, and enforcement of settlement agreements.

Mediated Settlement Agreement

An agreement reached through mediation, binding upon the parties.

ADR (Alternative Dispute Resolution)

Methods for resolving disputes outside of court, such as mediation.

Mandatory mediation

A court order requiring parties to try mediation as a step in dispute resolution.

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Confidentiality in mediation

Discussions and information shared during mediation are protected and cannot be used in court.

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Unreasonable refusal of ADR

A party's refusal to participate in ADR, deemed inappropriate by the court due to a lack of justification.

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Enforcement of settlement agreements

Legal procedures for making a mediation settlement legally binding.

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Cost consequences for rejecting mediation

Possible penalties or increased costs for a party who unsuccessfully rejects mediation.

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Requirements for mediated settlement agreements

Specific conditions that must be fulfilled to make a mediated settlement legally acceptable.

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Mediation's applicability

Types of cases that are suitable for mediation.

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What is mediation?

A process where two parties involved in a dispute negotiate with each other, aided by a neutral third party called a mediator.

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What is the mediator's role?

The mediator helps the parties negotiate effectively by facilitating communication and guiding them towards a mutually acceptable solution.

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What is positional bargaining?

A negotiation strategy where parties start with a fixed position and defend it throughout the process, often leading to conflict and exhaustion.

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Why is positional bargaining ineffective?

It creates a competitive environment, leading to haggling, threats, and hidden information, making it difficult to reach a solution.

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What is the difference between a 'position' and an 'interest'?

A position is a demand or what a party wants, while an interest is the underlying reason or need motivating that position.

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How does mediation help uncover interests?

The mediator encourages parties to share their underlying needs and concerns, leading to a deeper understanding and collaboration.

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Why is focusing on common interests important in mediation?

When parties identify shared goals, they are more likely to help each other find solutions and work together effectively.

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What is the alternative to accepting a settlement?

If parties reject a settlement offer, they can choose to go to court, risking more time, expense, and an uncertain outcome.

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What is the role of communication in mediation?

Mediators facilitate communication between parties, encouraging them to express their concerns and actively listen to each other.

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Why is listening crucial in mediation?

Listening helps mediators identify concerns, enabling them to help parties find solutions that address each other's needs. This increases the chance of a mutually agreeable outcome.

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What is the importance of relationship in mediation?

Mediators encourage building relationships, reminding parties to focus on collaboration and finding solutions that work for everyone.

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What is a key difference between mediation and court?

Mediation offers parties the chance to speak and listen directly, while court proceedings restrict communication and focus on legal arguments.

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Objective Criteria

A neutral standard used to assess fairness in a dispute, helping disputing parties decide on a solution.

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Independent Expert

An impartial professional who provides unbiased information or guidance to parties in a dispute, helping them make informed decisions.

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Alternatives

Other possible outcomes or options available to parties if they choose not to settle a dispute, helping them assess the risks and benefits of settlement.

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Worst Case Scenario

The least desirable or most unfavorable outcome that could result from not reaching a settlement in a dispute.

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Reality Test

Using objective criteria and alternatives to assess the practicality and feasibility of a proposed solution in a dispute.

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Fairness

The impartial and just treatment of all parties involved in a dispute, ensuring that no one is unfairly disadvantaged.

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Negotiation Table

The setting where parties involved in a dispute come together to discuss and attempt to reach a mutually acceptable agreement.

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Stuck in Negotiation

A situation where parties have reached an impasse in their negotiations, unable to agree on a solution.

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Walk Away

The decision to terminate negotiations and not accept a proposed settlement, opting for alternative methods of dispute resolution.

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Settle

To reach an agreement that resolves a dispute, ending the conflict and reaching a mutually acceptable outcome.

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Brainstorming in mediation

A phase in mediation where parties are encouraged to generate as many creative solutions as possible without judgment or criticism.

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Reactive devaluation

A negotiation tactic where a party automatically dismisses or devalues the other party's proposals solely because of their source.

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Market rates

An example of objective criteria used in mediation, often referenced when deciding on salaries or the price of a product.

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Option generation

The process of collaboratively creating potential solutions in mediation, focusing on addressing the underlying interests of both parties.

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Interest-based negotiation

Focusing on the reasons behind party demands to find solutions that address their underlying needs.

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Positional bargaining

A negotiation approach where parties cling to their initial demands, leading to conflict and difficulty finding common ground.

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Common interests

Shared goals or needs that both parties in a dispute have, creating a foundation for a mutually beneficial solution.

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Why is option assessment done later in mediation?

Assessing the practicality and feasibility of options is done after brainstorming to encourage a wide range of creative solutions without early judgment.

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How does objective criteria help in mediation?

It provides a neutral framework for evaluating options, reducing reliance on potentially biased perceptions or personal preferences.

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Conflicting Interests

Disagreements or opposing needs between parties involved in a dispute. Understanding and managing these conflicting interests is crucial for effective mediation.

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Prioritizing Interests

The process of identifying the most important interests and distinguishing them from less important ones. Mediators help parties prioritize to focus on the most relevant issues.

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Underlying Interests

The underlying needs, wants, or fears that drive a party's stated position in a dispute. Mediators help uncover these underlying interests to facilitate a more nuanced understanding of the situation.

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Why Questions in Mediation

Asking 'why' questions to help parties explore their underlying interests and motivations. This technique encourages deeper reflection and can reveal alternative solutions.

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Options in Mediation

Potential solutions or choices available to parties to address their interests and resolve the dispute. Mediators help generate a range of options to enhance choices for a successful outcome.

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Collaborative Problem-Solving

A process where parties work together to find mutually acceptable solutions. Mediation encourages this collaborative approach, fostering a spirit of cooperation.

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Moving Away From Positions

Shifting focus from rigid demands (positions) to the underlying needs and interests behind those demands. This is a critical step in interest-based mediation.

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Study Notes

  • Legal Sources: Statutes, subsidiary legislation, and case law form the legal framework.

    • Mediation Act 2017
    • Community Mediation Centres Act 1997
    • Family Justice Court Act 2014
    • Supreme Court of Judicature Act 1969
    • Protection from Harassment Act 2014
    • Legal Profession Act 1966
    • Women's Charter 1961
    • Mediation Rules 2017
    • Family Justice Rules 2014
    • Legal Profession (Professional Conduct) Rules 2015
    • Women's Charter (Mediation and Counselling) (Prescribed Persons) Rules 2011
    • Other relevant rules and regulations

  • Practice Directions: Supreme Court, State Courts, Family Justice Court, and Singapore International Commercial Court have specific guidelines for mediation.

  • Case Law: Examples of cases impacting mediation:

    • UJN v UJO [2018] SGFC 16: settlement agreement recorded as a court order
    • Legis Point LLC v Tay Choon Ai [2018] SLR 1269: Costs of mediation work can be considered party-and-party costs
    • Sita Jaswant Kaur v Surindar Singh s/o Jaswant Singh [2013] 4 SLR 838: binding nature of mediation agreements depends on usual contractual principles.

Basis of Mediation

  • By Agreement: Mediation agreements and multi-tiered dispute resolution agreements guide the process.

    • Cable & Wireless Plc v IBM United Kingdom Ltd [2002] EWHC 2059
    • Heartronics Corporation v EPI Life Pte Ltd [2017] SGHCR 17
    • Multi-tiered dispute resolution clauses are considered a single mechanism.

  • By Statutes or Subsidiary Legislation: Rules outline specific procedures and powers.

Mediation Act 2017

  • Mediation Defined: A process involving one or more mediators to help parties resolve disputes.
  • Confidentiality: Mediation communications are protected.
  • Stay of Court Proceedings: A party can seek to stop court processes if a mediation agreement exists.

Mediation as a Contract

  • Mediated Settlement Agreement: Agreements reached during mediation are governed by contract principles, including offer and acceptance, consideration, certainty, and intention.
  • Recording as Consent Order: Parties may record agreements as court orders to facilitate enforcement.
  • Terms of Mediation Agreements: The content of mediation agreements, such as expiry dates, period of validity, and enforceability must be clearly defined in writing.

Conduct of Lawyers

  • Duties: Lawyers have a duty to advise clients about mediation, consider ADR, and act in the client's best interests. Various rules outline professional conduct during ADR processes.

Conduct of Parties

  • Duty to Consider Mediation: Parties in legal proceedings are expected to consider mediation and any amicable resolution before filing action.
  • Offers for Amicable Resolution: Parties should make written offers and these offers must adhere to certain conditions, such as a reasonable period for acceptance. Rejections must contain proper justification.

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Related Documents

B24 MED - Legal Framework PDF
Mediation Techniques PDF

Description

Explore the various legal sources that form the framework for mediation in Singapore. This quiz covers statutory laws, practice directions, and relevant case laws that influence mediation practices. Test your knowledge on legislation such as the Mediation Act 2017 and landmark cases in mediation.

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