MED - Mediation Schemes
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Questions and Answers

Which organization is primarily focused on international mediation in Singapore?

  • Law Society Mediation Scheme (LSMS)
  • Singapore International Mediation Centre (SIMC) (correct)
  • Community Mediation Centre (CMC)
  • Private Organisations

What does the acronym SIMI stand for?

  • Singapore International Mediation Initiative
  • Singapore Institute of Mediation Initiatives
  • Singapore Institute of Mediation and Arbitration
  • Singapore International Mediation Institute (correct)

Which of the following represents an industry-specific mediation approach?

  • Singapore Mediation Centre (SMC)
  • Private Organisations (correct)
  • Singapore International Dispute Resolution Academy (SIDRA)
  • Singapore International Mediation Centre (SIMC)

What is the main focus of interest-based negotiation as proposed by Harvard?

<p>Identifying and addressing underlying interests of the parties (D)</p> Signup and view all the answers

What does the term 'position' refer to in mediation contexts?

<p>The specific demands or statements made by a party (B)</p> Signup and view all the answers

What is the primary ethical responsibility of a mediation advocate regarding client information?

<p>To maintain confidentiality unless legally compelled to disclose. (A)</p> Signup and view all the answers

In the context of mediation, how should the process primarily be characterized?

<p>Confidential and non-adversarial. (C)</p> Signup and view all the answers

What must a mediation advocate do if uncertain about sharing specific information from the client?

<p>Ask the client about their preference for disclosure. (A)</p> Signup and view all the answers

What does the term 'non-disclosure' refer to in mediation?

<p>Keeping mediation details confidential in future proceedings. (B)</p> Signup and view all the answers

How is a mediation advocate's approach expected to be towards their client's interests?

<p>Collaborative and constructive. (C)</p> Signup and view all the answers

What role does a mediator play in the mediation process?

<p>A neutral facilitator of communication. (D)</p> Signup and view all the answers

Which of the following is NOT a duty of a mediation advocate during the mediation process?

<p>To ensure clients engage in open conflict. (B)</p> Signup and view all the answers

What should a mediation advocate prioritize when representing a client?

<p>Building a collaborative atmosphere. (C)</p> Signup and view all the answers

Why is it important for mediation advocates to adhere to professional conduct rules (PCR)?

<p>They guide ethical and professional behavior. (A)</p> Signup and view all the answers

What is a key feature of the mediation process concerning the parties involved?

<p>Parties are encouraged to communicate directly. (B)</p> Signup and view all the answers

What is a crucial responsibility of a mediation advocate during the mediation process?

<p>To guide the client in assessing their case's strengths and weaknesses (B)</p> Signup and view all the answers

In mediation, what aspect is emphasized for the parties involved to help resolve disputes?

<p>Direct communication between parties (A)</p> Signup and view all the answers

Why is it important for clients to understand both their best alternative to a negotiated agreement (BATNA) and their worst alternative?

<p>To evaluate if mediation proposals meet their real needs and interests (B)</p> Signup and view all the answers

How should a mediation advocate assist the client in managing emotions during mediation?

<p>By preparing them emotionally for discussions (A)</p> Signup and view all the answers

What is the role of the mediator during the mediation process?

<p>To facilitate communication between the parties (A)</p> Signup and view all the answers

What should a mediation advocate help the client prepare for before mediation sessions?

<p>A presentation of their case (D)</p> Signup and view all the answers

What is one of the main elements of competence expected from a mediation advocate?

<p>Working collaboratively with the mediator (A)</p> Signup and view all the answers

What approach should be taken by mediation advocates when clients feel out of their comfort zone?

<p>Empower clients to engage directly with the other party (C)</p> Signup and view all the answers

In assessing mediation proposals, what is critical for the client to evaluate?

<p>The pros and cons of the options presented (B)</p> Signup and view all the answers

What is a primary reason for a mediator to advocate for a client's case?

<p>To facilitate constructive communication between parties (D)</p> Signup and view all the answers

What is expected from clients during the mediation process regarding engagement?

<p>To actively communicate their concerns and resolutions (C)</p> Signup and view all the answers

How might a mediator's advocacy impact their client's fees?

<p>It can result in the advocate earning less due to settlements (D)</p> Signup and view all the answers

What must an advocate avoid when representing their client's interests?

<p>Having personal interests influence client decisions (A)</p> Signup and view all the answers

What does it mean to 'reality test' a client's decision?

<p>To question the realism of a proposed settlement (B)</p> Signup and view all the answers

What might personal interests of the advocate lead to?

<p>Undue influence on the client’s decision-making process (A)</p> Signup and view all the answers

Why is it important to avoid conflict of interest in mediation?

<p>It ensures that the client's autonomy is respected (D)</p> Signup and view all the answers

What is a potential consequence of settling a case for an advocate?

<p>Reduced fees earned from that case (B)</p> Signup and view all the answers

How should an advocate respond if a client wishes to settle?

<p>They should allow the client to make the final decision (D)</p> Signup and view all the answers

What is one of the main challenges faced by advocates in mediation?

<p>To balance personal financial gain with client needs (A)</p> Signup and view all the answers

What role does a mediator play in the decision-making process of the client?

<p>To guide the client towards their self-determined outcome (C)</p> Signup and view all the answers

Flashcards

Mediation Centres in Singapore

Various organizations in Singapore that facilitate mediation processes, such as the Singapore Mediation Centre (SMC), the Singapore International Mediation Centre (SIMC), Community Mediation Centres (CMCs), and the Law Society Mediation Scheme (LSMS).

Interest-based negotiation

A negotiation approach focusing on understanding underlying interests to achieve mutually beneficial solutions.

Position vs. Interest

A key concept in negotiation. Positions are stated demands, while interests are underlying needs and motivations.

Industry-Specific Mediation

Mediation tailored to specific industries (e.g., construction, finance), leveraging sector-specific expertise.

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Private Organizations (Mediation)

Non-governmental entities offering mediation services outside of formal legal structures.

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Mediation Advocate Role

A lawyer acting as an advocate in mediation, balancing client interests with ethical duties.

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PCR's Influence

Professional Conduct Rules (PCR) apply to lawyers, including mediation advocates, guiding their ethical conduct.

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Confidentiality in Mediation

All information shared during mediation is private and cannot be disclosed without client consent.

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Mediator's Role in Confidentiality

The mediator maintains confidentiality, upholding the privacy of information shared during mediation.

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Non-Adversarial Mediation

Mediation aims for collaboration and mutually agreeable solutions rather than adversarial confrontation.

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Mediator Driven Process

The mediator facilitates the process, guiding discussions and encouraging parties to reach their own resolution.

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Advocating Client Interests

Despite a non-adversarial approach, advocates must robustly defend their client's interests within ethical bounds.

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Constructive Communication in Mediation

Parties are encouraged to communicate constructively and problem-solve to find mutually agreeable solutions.

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Importance of Underlying Interests

Mediation focuses on understanding and addressing the parties' true needs and interests, not just their stated positions.

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Mediation and Subsequent Proceedings

Information obtained during mediation must remain confidential and not be used in subsequent litigation or arbitration.

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Robust Mediation Advocacy

In a mediation, an advocate should be strong and assertive, yet act with integrity and fairness, exhibiting courtesy and honesty.

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Direct Communication in Mediation

Mediation encourages parties to communicate directly with each other, guided by a mediator, rather than solely through legal representatives.

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Assessing Case Strengths and Weaknesses

Before mediation, an advocate must analyze their client's case, identifying its strengths and weaknesses to prepare for the mediation.

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Client's Role in Mediation

Mediation encourages clients to actively present their case, engage with the other party, and communicate with the mediator to collaboratively reach a resolution.

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Managing Client Emotions

A mediation advocate helps clients manage their emotions during mediation, preventing them from becoming too emotional and hindering negotiation.

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Best Alternative to a Negotiated Agreement (BATNA)

A client's best alternative if no agreement is reached in mediation, helping them evaluate offers and make informed decisions.

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Worst Alternative to a Negotiated Agreement (WATNA)

A client's worst possible outcome if no agreement is made in mediation, providing a baseline for evaluating offers.

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Evaluating Mediation Proposals

The advocate helps the client assess mediation proposals by considering their strengths and weaknesses, aligning with their needs and interests.

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Drafting and Finalizing the Agreement

After reaching an agreement, the advocate works with the other party's counsel to draft, review, and finalize the mediated settlement agreement.

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Follow-up Actions after Mediation

The advocate assists the client with all necessary actions after mediation, such as implementing the agreement and addressing any further issues.

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Mediator's Role

The mediator facilitates communication and helps parties reach a mutually acceptable agreement. They do not impose solutions, but create a safe space for dialogue.

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Advocating for Client's Interests

A mediation advocate helps the mediator understand their client's perspective and goals. They work with the mediator to advocate for their client's interests in a constructive and collaborative way.

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Conflict of Interest in Mediation

A situation where the mediator or advocate's interests might influence their decisions, potentially compromising the fairness of the mediation process.

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Potential Tension: Fees vs. Settlement

A conflict can arise where a mediator advocate's financial interests (earning fees from litigation) may clash with their client's desire for a settlement.

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Client's Autonomy

Mediation advocates should respect their clients' decisions, even if those decisions might affect the advocate's personal interests.

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Reality Testing

A mediation advocate should help their client objectively assess the potential outcomes of a proposed settlement, weighing the benefits and drawbacks.

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Avoiding Threats or Undue Influence

Advocates should refrain from using coercion or pressure tactics to influence their client's decisions in a mediation process.

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Client's Mandate

A mediation advocate should always follow their client's instructions and ensure that the client's goals are met.

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Personal Interests vs. Client's Autonomy

Mediation advocates should prioritize their client's interests and autonomy above their own financial gains or personal preferences.

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Study Notes

Singapore Mediation Centres

  • Singapore Mediation Centre (SMC): Established in 1997 as a non-profit organization, SMC aims to facilitate dispute resolution through mediation. It provides mediator training and accreditation, and administers mediation for civil and family disputes, along with other resolution services like adjudication.
  • Singapore International Mediation Centre (SIMC): A non-profit organization, SIMC, established in 2014, provides mediation services and collaborates with the Singapore International Arbitration Centre to administer the Arb-Med-Arb protocol.

Community Mediation Centre (CMC)

  • Community Mediation Centre (CMC): Created in 1998 under the Community Mediation Centres Act 1997, CMC offers mediation for community or family disputes, excluding offences that require formal legal action.

Law Society Mediation Scheme (LSMS)

  • Law Society Mediation Scheme (LSMS): Launched in March 2017, LSMS provides mediation services for civil disputes. It's a part of the Law Society of Singapore's resolution strategies.

Industry-Specific Mediation Schemes

  • Industry-Specific Mediation Schemes: SMC offers various schemes for specific industries (e.g., estate agencies, fair tenancy, healthcare, and private education) to specifically address disputes in these sectors. Examples of mediation schemes include schemes for the council for estate agencies, fair tenancy industry committee, healthcare disputes, and mediation for the Singapore Medical Council.

Private Organisations

  • Singapore International Mediation Institute (SIMI): SIMI, established in 2014, promotes mediation as a dispute resolution method by applying international standards, providing information, and increasing awareness.
  • Singapore International Dispute Resolution Academy (SIDRA): SIDRA (2016) is a non-profit organization that provides research, training, and consultation services regarding mediation and negotiation.

Interest-Based Negotiation

  • Interest-based negotiation (Harvard): This approach focuses on common interests, enabling collaborative solutions. It involves understanding positions (initial demands), identifying underlying interests (motivations) and generating solutions that address those interests. It also emphasizes the importance of relationships and commitments during the negotiation process.

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Related Documents

Mediation Schemes PDF
Mediation Advocacy Ethical Considerations PDF

Description

Test your knowledge about the various mediation centres in Singapore, including the Singapore Mediation Centre, Singapore International Mediation Centre, Community Mediation Centre, and Law Society Mediation Scheme. Learn how these organizations contribute to dispute resolution and community harmony.

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