3. Mediation Landscape - Legal Framework

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Questions and Answers

What should the Court consider regarding a mediated Settlement Agreement in family law?

Only the legal validity of the document itself.

The opinions of all parties involved in the mediation process.

The Settlement Agreement should be ignored entirely.

Whether the Settlement Agreement is binding and to what extent it should be enforced. (correct)

Under the Mediation Act 2017, how may a mediated settlement agreement that is recorded as a court order be enforced?

In the same manner as a judgment or court order. (correct)

It can be enforced only by the parties involved.

Only through arbitration channels.

It cannot be enforced legally.

What is NOT a duty of lawyers in the context of mediation and alternative dispute resolution (ADR)?

To solely represent the client's interests without considering other factors. (correct)

To advise clients on mediation options.

To act respectfully and in good faith.

To evaluate the necessity of using ADR processes.

What does PCR 2015 Rule 8A relate to in the context of mediation?

The conduct of lawyers during the ADR process. Signup and view all the answers

According to the Supreme Court Practice Directions 53, what is a professional duty of advocates and solicitors regarding ADR?

To advise clients to consider alternative dispute resolution methods. Signup and view all the answers

Which aspect of the Mediation Act 2017 allows for recourses in cases of breach or repudiation of a settlement agreement?

The agreement is treated strictly as a contract. Signup and view all the answers

Which is NOT considered a duty of a lawyer while advising on mediation according to the Professional Conduct Rules 2015?

To provide insufficient information to clients. Signup and view all the answers

What does the enforcement of a mediated settlement agreement rely on according to the Mediation Act 2017?

It is dependent on its recording as an order of court. Signup and view all the answers

What is implied to be unreasonable regarding ADR invitations?

Silence in response Signup and view all the answers

What might justify a refusal to engage in a certain type of ADR?

Identification of reasonable grounds Signup and view all the answers

What does the case Legis Point LLC v Tay Choon Ai indicate regarding mediation costs?

They can be considered in party-and-party cost awards Signup and view all the answers

What does the concept of the 'happy medium' refer to in dispute resolution?

When both sides share information without excessive costs Signup and view all the answers

In the context of ADR, what should parties ideally avoid to ensure a successful outcome?

Remaining silent after invitations Signup and view all the answers

What is the primary duty of advocates and solicitors regarding Alternative Dispute Resolution (ADR) according to the Supreme Court Practice Directions 2021?

To advise clients to consider ADR Signup and view all the answers

In the context of the State Courts Practice Directions, what happens if a party opts out of ADR for unsatisfactory reasons?

It may be considered when determining costs orders Signup and view all the answers

What does the case Lock Han Chng Jonathan v Goh Jessiline suggest about the responsibilities of counsel in low monetary claims?

Counsel should advise settling disputes cost-effectively Signup and view all the answers

What was the outcome in the case of Cable & Wireless Plc v IBM United Kingdom Ltd regarding the stay of court proceedings?

The court granted a stay pending ADR proceedings. Signup and view all the answers

In Heartronics Corporation v EPI Life Pte Ltd, what triggered the dismissal of the defendant's application to stay in court proceedings?

The arbitration portion of the clauses was rendered inoperative. Signup and view all the answers

According to the content, which of the following is a guideline for advocates and solicitors when advising on ADR?

Ensure clients are aware of ADR possibilities Signup and view all the answers

Which of the following is NOT a statutory basis for mediation?

Criminal Procedure Code 2010, s 16(1)(d) Signup and view all the answers

What is stated regarding a party's ability to be compelled to mediation in the case of Maxx Engineering v PQ Builders Pte Ltd?

Parties' choices in mediation should be respected Signup and view all the answers

Under the Rules of Court 2021, which factor must the Court consider before ordering parties to attempt amicable resolution?

The Ideals and all other relevant circumstances. Signup and view all the answers

Which of the following documents provides guidance on the duty to advise clients about ADR in the State Courts?

State Courts Practice Directions 34 Signup and view all the answers

What should advocates and solicitors inform clients about regarding potential outcomes of not engaging in ADR?

Adverse costs orders may follow unreasonable refusals of ADR Signup and view all the answers

What must a party do if they refuse to attempt to resolve a dispute by amicable resolution, according to the Rules of Court?

Submit a sealed document outlining their reasons. Signup and view all the answers

What is one significant legal consequence of a multi-tier dispute resolution clause as noted in Heartronics Corporation v EPI Life Pte Ltd?

Breach of mediation clauses can invalidate arbitration clauses. Signup and view all the answers

What is implied about mediation and counselling in Family Justice Court Practice Directions?

They may be directed by the court Signup and view all the answers

Which Act provides a statutory basis for mediation regarding building maintenance and management issues?

Building Maintenance and Strata Management Act 2004 Signup and view all the answers

In terms of directed mediation, which of the following exemplifies a court's authority to mandate dispute resolution?

Rules of Court (O. 5, r. 3). Signup and view all the answers

What is the purpose of considering Alternative Dispute Resolution (ADR) before the commencement of any action or appeal?

To facilitate a just, expeditious, and economical disposal of civil cases Signup and view all the answers

What does the 'presumption of Alternative Dispute Resolution' imply for civil claims filed in the State Courts?

Parties are encouraged to resolve disputes amicably using Court ADR modalities Signup and view all the answers

What action must parties take to undergo Court ADR at an earlier stage?

File a request using Form 2 of Appendix A1 Signup and view all the answers

How does opting out of the ADR process affect subsequent costs orders?

It could be considered by the Court when assessing costs Signup and view all the answers

Which of the following statements correctly identifies the benefits of using Court ADR modalities?

They can lead to quicker and more economical resolutions compared to trials Signup and view all the answers

Which Practice Directions refer to matters concerning Court ADR modalities?

Practice Directions 38, 42 to 44 Signup and view all the answers

What must the Court take into account when fixing or assessing costs?

All circumstances, including efforts at amicable resolution Signup and view all the answers

What is a potential consequence if parties believe their ADR opt-out was appropriate?

It may be questioned by the Court in the context of cost orders Signup and view all the answers

What is required of a party regarding amicable resolution before commencing legal action?

They must consider an amicable resolution. Signup and view all the answers

What must an offer of amicable resolution include regarding its acceptance period?

It must be open for at least 14 days unless agreed otherwise. Signup and view all the answers

What should happen to a rejected offer of amicable resolution?

Any rejection must be documented in writing. Signup and view all the answers

How does the Court consider parties' efforts at amicable resolution when assessing costs?

All relevant circumstances, including resolution efforts, are considered. Signup and view all the answers

What happens if an offer of amicable resolution does not state an expiry date?

It expires when the Court determines the merits of the action. Signup and view all the answers

What is the duty of advocates towards their clients regarding ADR?

To provide information on various dispute resolution methods. Signup and view all the answers

Which of the following can a party NOT do regarding offers of amicable resolution?

Reject an offer without reasonable grounds. Signup and view all the answers

Which of the following statements is true about the conduct of parties and cost consequences?

Failure to consider amicable resolution can affect cost implications. Signup and view all the answers

Study Notes

Mediation Advocacy

This presentation discusses mediation advocacy, likely focusing on legal frameworks related to mediation in Singapore.

Legal Framework

The legal framework for mediation in Singapore includes:
- Legal Sources (Statutes, Subsidiary Legislation, Practice Directions, Case Law)
- Basis of Mediation (By Agreement, Statutes/Subsidiary Legislation, Court/Authorized Body's Directions)
- Mediation Act 2017 (Definition, Applicability, Stay of Court Proceedings, Confidentiality, Without Prejudice Privilege, Mediated Settlement Agreement)
- Conduct of Lawyers (Duties of Lawyers, Advising on Mediation)
- Conduct of Parties (Duty to consider amicable resolution, Court Power, Understanding "Reasonable Grounds")

A. Legal Sources

Statutes: 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.
Subsidiary Legislation: Mediation Rules 2017, Family Justice Rules 2014, Rules of Court, Small Claims Tribunals Rules, Legal Profession (Professional Conduct) Rules 2015, Women's Charter (Mediation and Counselling) (Prescribed Persons) Rules 2011.
Practice Directions: Supreme Court, State Courts, Family Justice Court, Singapore International Commercial Court.
Case Law: Multiple cases cited, discussing issues like recording settlement agreements, costs of mediation, and mediation agreements' binding nature.

B. Basis of Mediation

By Agreement: Mediation Agreements (e.g., Cable & Wireless Plc v IBM UK Ltd, Heartronics Corporation v EPI Life Pte Ltd).
By Statutes/Subsidiary Legislation: Examples of statutes guiding mediation referenced.
By Court/Authorized Body's Directions: Rules of Court, Personal Data Protection Act 2012, examples presented.

C. Mediation Act 2017

Mediation as defined: A process using one or more mediators to assist parties in resolving issues.
Applicability: Applicability of the act depends on the mediation's location (Singapore) and if an agreement specifies Singaporean law. Not applicable in specific cases like those conducted under another written law unless via court order.
Stay of Court Proceedings: Facilitating a stay of court proceedings if a prior agreement exists.
Confidentiality: Communications in mediation are protected, with exceptions. Precise details are detailed.
Without Prejudice Privilege: Mediation communications cannot be used in court without leave of court, with specific case examples.
Mediated Settlement Agreements: Detailing how agreements are formulated, with examples given. Settlement agreement recording as a consent order procedure by court, formalities, and stipulations are also discussed.
Enforcement: Mediated settlement agreements may be enforced in court as a court order.

D. Conduct of Lawyers

Duty to be respectful, courteous and act in good faith.
Duty to advance and act in clients' best interests.
Duty to evaluate the use of ADR processes
Duty to advise on mediation, and details on requirements as provided by courts and legal practice directions.

E. Conduct of Parties and Costs Consequences

Rules of Court specifying duties in amicable resolution (processes, requirements, obligations, etc.).
Court's consideration of factors determining the presence/absence of unreasonable ADR refusal.
Specific case examples on costs consequences and duties of parties during mediation.

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Description

This quiz explores the legal frameworks surrounding mediation advocacy in Singapore, with an emphasis on key statutes and their applications. It covers important aspects such as the Mediation Act 2017, conduct of lawyers, and the duties of parties involved in mediation.