Overview

What Happens Before Mediation?

All requests or referrals are handled by a co-ordinator at the relevant Community Mediation Centre (CMC). In the case of walk-ins or call-ins, the co-ordinator will telephone or write to the other party, offering to set up a meeting between the two parties in dispute so that they can discuss their problem. If all parties agree to meet for a mediation session, the CMC will arrange for a session to take place as soon as possible. A convenient time will be allocated, during or after office hours on weekdays and normal office hours on Saturdays, for mediation.

The mediation session will be attended by the parties, and facilitated by a CMC mediator. The mediator's main function is to help parties settle their own conflicts. When arranging for mediation, consideration is given to matching the mediators with the characteristics of the disputing parties in terms of language ability, gender and, if relevant, race.

Prior to the commencement of a mediation session, parties are requested to sign an Agreement Form to indicate their agreement to mediate and abide by the CMC’s mediation procedures.

What Happens During Mediation?

The mediator will open by briefly explaining to the parties his role during the session. The mediator will then lay out the 'ground rules' for the session, stressing fairness and confidentiality and emphasising that participation is voluntary for all disputants. The mediator will also explain the procedure that will be followed.

During the mediation session, joint meetings with both parties and private one-on-one sessions may be held. The session typically begins with a joint meeting, with each side taking turns to explain their position. During this joint session, the mediator will ask questions to clarify issues and obtain additional information.

After that, parties might meet privately with the mediator in separate sessions. At such sessions, parties are able to reveal to the mediator additional information that they may not wish to disclose to the other disputant. When parties regroup, the mediator will help them identify options to resolve their problem.

All communications during the mediation process are made strictly 'Without Prejudice' and should not be used in any legal proceedings.

Settlement

Any settlement arrived at will be binding on the parties if it is written down, signed by all parties, and the document itself contains a statement specifying its binding nature. If the disputants have signed such an agreement, any breach of its terms by one party would be grounds for the other to institute legal proceedings for breach of contract.