Mediation and the duty to try to settle

A duty on the parties

Before the Rules of Court 2021, only lawyers had a duty to advise their clients about alternative dispute resolution. Since April 2022, the duty sits with the parties too. They must consider resolving the matter amicably before and during proceedings, and must make an offer of amicable resolution before starting a claim, unless there are reasonable grounds not to.

The court can order it

The court can order the parties to attempt to resolve the dispute amicably, for example through mediation. A party that refuses may be asked to set out its reasons in a sealed document, which is only opened when the court decides costs.

If those reasons are not good enough, the court can take that into account: a losing party may be ordered to pay more, and a winning party may recover less.

Where mediation takes place

In the State Courts, alternative dispute resolution is presumed for civil claims, and court mediation is available through the State Courts. Private mediation is offered by the Singapore Mediation Centre, and cross-border disputes can go to the Singapore International Mediation Centre.

What is said in mediation stays there

Mediation is confidential and 'without prejudice', so what is said cannot be used as evidence if the case goes to trial. Where a judge mediates a case, that judge will not hear the trial.

Making a settlement stick

Under the Mediation Act 2017, a settlement reached in mediation can be recorded as an order of court and then enforced in the same way as a judgment. The court can also pause court proceedings so that a mediation can go ahead.