More choosing mediation over court

SINGAPORE- More people here are turning to mediation in place of lawsuits to solve disputes, because it saves them time and hefty legal costs, and gives them a say in the outcome.

In eight years, mediation figures have jumped fourfold to about 200 cases this year at the Singapore Mediation Centre (SMC), which deals with many of the bigger cases.

"We have been intensifying our efforts to promote mediation to lawyers and companies, and persuading people to use mediation as a first resort," said the centre's executive director, Mr Loong Seng Onn.

During mediation, a neutral person works with the feuding parties to resolve their differences. The people involved make their own decisions, usually with the help of their lawyers, and cases are often resolved within a day.

Three in four of its cases are settled amicably this way, said the centre.

More lawyers too are coming round to the idea of mediation. In fact, added Mr Loong, most of the time, it is the lawyers who advise their clients to opt for mediation.

Lawyer Kuah Boon Theng, who specialises in medical cases, said that she often recommends it. "Medical cases can involve people with serious illnesses or those still struggling to deal with a bereavement, and they can be very emotional for the parties involved," she said.

"Sometimes, it is not about the money. What the patient or his family are looking for is an opportunity for the medical professional to listen and empathise.

"When you can get all the parties around the table to speak to each other, share how they feel and get things off their chest, the situation can often be resolved."

But wouldn't opting for mediation eat into the lawyer's own income?

"My philosophy is that I am acting in the best interest of my clients, and doing right by them," said Ms Kuah.

A trial can easily drag on for weeks and cost each party $100,000 or more in legal fees and hiring expert witnesses, she noted.

"And after all that, the decision may not go your way."

Mediation, on the other hand, usually costs less than $10,000, she said.

Lawyer and trained mediator Amolat Singh said: "The conventional wisdom is that going to court is the lawyer's lifeline, but now the tide is turning. The reality is that the parties often cannot pay you the legal costs commensurate with the time and effort you put in. It is better to close the file and move on.

"By going through mediation instead, people can achieve finality and peace by having control over the outcome rather than surrendering the decision to a judge."

Mediation cases seen by the SMC have ranged from family feuds to complex commercial disputes between companies of more than $200 million.

Acknowledging the importance of mediation as part of the dispute resolution landscape here, the Government earlier this month welcomed recommendations made by the International Commercial Mediation Working Group to develop Singapore into a centre for international commercial mediation.

Mr Singh noted that mediation is a useful tool across all industries, and suggested that companies could even place clauses in their employment contracts to ensure that mediation is the first option in case of a dispute.

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