Pre-Mediation | Mediation | Post-Mediation | Mediation Resources


How should I engage in mediation service?

(1) Call a Mediator / Mediation Service provider to understand the mediation service.

(2) Pre Mediation Briefing. Attend a briefing conducted by an accredited mediator to understand the functions and limitation of mediation.

(3) Shortlist a few mediators and ask for their CVs

(4) Serve Mediation Notice to invite the other party to attend Pre-Mediation Briefing and/or to mediate

(5) If mutually agreed to mediate, go to step (6), if not, seek legal advice.

(6) Select a Mediator

(7) Intake session with the selected mediator

• Determine who will and should attend mediation meeting
  
  
• Determine the issues to be discussed in the mediation.
  
  
• Introduce the Mediation Rules
  
  
• Obtain authorization from your company and get those representative(s) (who will not sign the “Agreement to Mediate” in (8)) to sign a Confidentiality Agreement.
  

(8) Sign an Agreement to Mediate. Submit papers to mediator and exchange necessary documents thereafter.

(9) Determine the time and venue of the mediation

(10) Conduct mediation meeting

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What will I be required to do in the Mediation Meeting?

(1) Make opening statements - To state the facts and merits your case as well as your goals of attending the mediation.

(2) Negotiate rationally and in good faith - Focus on the commercial interests, the needs of the parties and then generate options that both parties can live with, rather than drawing on narrow legal issues. Leverage mediator’s neutrality to covey messages and test ideas if necessary.

(3) Observe the ground rules - Respect the rules of mediation set out and agreed by the parties.

(4) Separate meetings may be held and is to be determined by mediator - Be open and frank to the mediator in confidential sessions, so that the mediator can explore the framework for settlement.

(5) Consult your legal counsel before signing any Settlement Agreement - Make sure you do not sign the settlement agreement before you have understood both the express and implied meaning of the terms therein.

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