Monday, 24 August 2015

No matter what kind of problem you are facing, whether it is a contractual disagreement, employment dispute, or even domestic quarrel, it is always much too costly to pursue a legal remedy. Money aside, fighting the case in court also drains a lot of time and emotions from all parties involved.

Mediation, as an alternative dispute resolution, offers you the opportunity to save the amount of time, money, and emotions you have to invest in order to resolve your problem.Singapore has also been advocating the use of mediation recently; do you know what mediation is?

Mediation is a less confrontational process is which both parties try to come up with a solution together with the help of a third party, the mediator.

To start off, each side will have an uninterrupted period to speak freely of their concerns and desires, and also have an opportunity to listen to and understand the other party’s story. Then, the mediator will assist in working out a solution that is acceptable to both parties. At the end, parties will usually sign an agreement to adhere to what they have promised.

When is mediation appropriate?

Mediation can be used in all non-criminal cases! Of course, this is only if both parties are willing to try out mediation in the first place.

Why should you try mediation?

First, a mediator is a neutral third party, and you can be sure he/she is not biased in the least.

Time and money can be saved as compared to a court case, since matters can usually be resolved within 1 or 2 mediation sessions, lasting 1-2 hours each. Even if you do not intend to get legal advice, court fees and a lot of your time will still be wasted over this case, as a court case can be drawn out to many months or even years.

Emotions can be better controlled in a mediation setting. When a party becomes too agitated, the mediator can speak to parties one at a time, such that the mediator becomes the neutral medium for parties to continue communications.

The mediator will ultimately only assist you in formulating an outcome with the other party, rather than taking the decision out of your hands like a judge. You will have much more freedom to negotiate for what you want, though you must be willing to compromise at times.

As it is a solution both parties have agreed to, you can be more certain that the other party will follow through the agreement. On the other hand, it is not uncommon for someone to fail to obtain the court ordered payments on time or in full, especially if the other party lost the case or even his/her “face” in the process.

Also, after mediation, there is a higher likelihood that both parties will enjoy a more neutral if not cordial relationship, rather than boiling over with anger and hatred at merely the sight of the other party, which is often the case after a prolonged fight in court.