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In City Hall, Singapore, Alternative Dispute Resolution (ADR) Mediation & Arbitration are increasingly favored as means to resolve conflicts outside the traditional court system. ADR involves procedures like mediation, where an impartial third party helps disputing parties reach an agreement, and arbitration, where a neutral person/s makes a binding decision after considering presentations from all sides. Singapore has a well-structured approach to ADR, guided by the Singapore Mediation Centre (SMC) and Singapore International Arbitration Centre (SIAC).
You may require legal assistance in mediation and arbitration for various scenarios. Disputes in contracts, personal injury claims, family disputes, neighborhood disputes, commercial transactions, and a range of other disagreements may need resolution via ADR. Navigating the complexities of ADR processes, understanding your position, rights, and obligations, or interpreting a potentially confusing legal terminology would necessitate the services of a competent lawyer.
Singapore has developed a solid legal and institutional framework to promote ADR. Key legislation includes the Mediation Act 2017, which provides for the enforcement of mediated settlement agreements, and the International Arbitration Act, which governs international arbitration. The SIAC also has its Arbitration Rules, and the SMC has its Mediation Procedure. These laws and regulations are supported by a judiciary that is proactive towards ADR.
Mediation involves a neutral third-party facilitator who helps disputing parties agree, but makes no decision on their behalf. Conversely, in arbitration, the neutral third-party (arbitrator) makes a binding decision after hearing arguments from all sides.
Agreements reached through mediation are binding if they are put in writing and signed by the parties. Arbitration decisions, known as arbitral awards, are legally binding and enforceable in court.
Though not mandatory, it is beneficial to have a lawyer in ADR proceedings for a better understanding of the process, help in negotiations, and to ensure that your rights and interests are protected.
Generally, arbitral awards are final and binding with limited grounds for appeal or challenges under the International Arbitration Act.
The duration of ADR processes depends on the complexity of the case, the parties involved, and the method of ADR used. Generally, they are faster than traditional court proceedings.
The Singapore Mediation Centre (SMC) and the Singapore International Arbitration Centre (SIAC) provide valuable resources and services related to ADR. The Ministry of Law website also provides information and updates about ADR practices and laws in Singapore.
If you believe you need legal assistance in ADR, identify an experienced lawyer who specializes in ADR. Review your case with them, understand your rights, and plan the best strategy going forward. Always stay informed about the proceeding, the potential outcomes, and their implications. Remember that although ADR is a more amicable option, it can still have significant legal implications.
