B24 MED - Legal Framework PDF

Lecture 3 - legal framework - A. Legal Sources - B. Basis of Mediation - ❖ By Agreement - ❖ By Statutes or Subsidiary Legislation - ❖ By Court's / Authorised Body's Directions - **[ Rules of Court (O. 5, r. 3)]** - Personal Data Protection Act 2012, s 48G - Where a...

Lecture 3 - legal framework - A. Legal Sources - B. Basis of Mediation - ❖ By Agreement - ❖ By Statutes or Subsidiary Legislation - ❖ By Court's / Authorised Body's Directions - **[ Rules of Court (O. 5, r. 3)]** - Personal Data Protection Act 2012, s 48G - Where a Party declines ADR - C. Mediation Act 2017 - s3 Mediation Act - What is mediation - s6 Mediation Act applicability of the Mediation Act - s8 Mediation Act - Stay of proceedings - s9 Mediation Act - Confidentiality - s10 Mediation Act - Without Prejudice privilege - Mariwu Industrial Co (S) Pte Ltd v Dextra Asia Co Ltd \[2006\] 4 SLR(R) 807 at \[24\] - Greenline-Onyx Envirotech Phils, Inc v Otto Systems Singapore Pte Ltd \[2007\] 3 SLR(R) 40 - Mediated Settlement Agreement - checklist - Subject to contract doctrines - s12 Mediation Act - Mediation Agreement recorded as consent order - s12(3) and (4) Mediation Act - s2 Mediation Act - **[Requirements]** of the Mediated Settlement Agreement - Mediated settlement Agreement in **[Family law]** - s12 (5) Mediation Act - **[Enforcement]** of Settlement Agreement - D. Conduct of Lawyers - PD 53 - Duty to advise on ADR and associated cost orders - Lock Han Chng Jonathan (Jonathan Luo Hancheng) v Goh Jessiline \[2007\] SGCA 56 - Maxx Engineering v PQ Builders Pte Ltd \[2023\] SGHC 71 - **[Court cannot force parties to mediate]** - E. Conduct of Parties and Costs Consequences - Rules of Court 2021, O. 5, r. 1 and r. 2 - **[The mindset now is before you start litigation, think about settling.]** - Rules of Court 2021, O. 21, r. 2(2)(a) - **[face costs consequences for rejecting mediation]** - Supreme Court Practice **[Directions 53]** and **[Appendix D]** - State Courts Practice **[Directions 34]** - The **[Test]** of whether a party has unreasonably refused ADR - Churchill v Merthyr Tydfil \[2023\] EWCA Civ 1416 - **[Stay of proceedings in favour of mediation]** - Nigel Witham Ltd v Smith and another \[2008\] EWHC 12 (TCC), at \[32\] "\[32\] - **[identify the happy medium]** - PGF II SA v OMFS Co 1 Ltd \[2014\] 1 WLR 1386 at \[34\] - **[silence towards ADR is unreasonable]** - Legis Point LLC v Tay Choon Ai \[2018\] 3 SLR 1269 - **[cost of mediation work is considered in party-to-party cost]**