B24 MED Past Papers Singapore PDF

B24 MED Lecture 1 ❖ Mediation and other Dispute Resolution Mechanisms Decision maker Nature/Process Costs Duration Focus ❖ What is Mediation? ❖ Common Types of Mediation and Mediators ❖ Benefits of Mediation ❖ Disadvantages of Mediation ❖ Evolving Roles of the Advocate in Mediation ❖ Me...

B24 MED Lecture 1 ❖ Mediation and other Dispute Resolution Mechanisms Decision maker Nature/Process Costs Duration Focus ❖ What is Mediation? ❖ Common Types of Mediation and Mediators ❖ Benefits of Mediation ❖ Disadvantages of Mediation ❖ Evolving Roles of the Advocate in Mediation ❖ Mediation Institutions Lecture 2 A. Singapore Mediation Centre (SMC) B. Singapore International Mediation Centre (SIMC) C. Community Mediation Centre (CMC) D. Law Society Mediation Scheme (LSMS) E. Industry-Specific Mediation F. Private Organisations G. Singapore International Mediation Institute (SIMI) H. Singapore International Dispute Resolution Academy (SIDRA) Interest-based negotiation by Harvard The difference between **[position]** and **[interest]**. 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]** Lecture 4- Elements of effective negotiation Positional Bargaining Interests versus position Options **[Criteria]** **[Alternatives (to a negotiated agreement)]** Communication Relationship Commitment Lecture 5 - Ethical Considerations ❖ Role of a Mediation Advocate Legal Profession (Professional Conduct) Rules 2015 ("PCR 2015"), Rule 15A ❖ Ethical Considerations for a Mediation Advocate Rule 5 -- Competence in advising the client; **[BATNA]** Rule 6 -- Protection of the client's confidentiality **[s9 Mediation Act]** Rule 6 (Confidentiality) Rule 22 -- Avoidance of conflict of interest Rule 7 -- Courtesy and Fairness Rule 8 -- Honesty, honourability and good faith in conducting the negotiation Rule 8A **[❖ Duties of a lawyer to a client]**