The Subordinate Courts of Singapore - Court Dispute Resolution/Mediation

Feedback

Sitemap

Civil Justice Division

For Litigants


		Hearing Lists

		Processes & Procedures

		Legislation & Directions

		Judgments

		Court Dispute Resolution/Mediation

Quick Links


Information
	Night Court
	Small Claims Tribunals

eServices
	Justice Online (JOL)
	Electronic Filing System (EFS)

Court Dispute Resolution/Mediation

Public

Lawyers

Mediation Resources



If you have any questions about the status of your request for CDR or request to postpone the CDR or dates of your CDR, please call: 6435 5882 or 6435 5582

If you have any general inquiries about mediation or PDRC procedures, please call: 6435 5925


back to top
	Brochures on ADR Overview on ADR Mediation Neutral Evaluation

	About Mediation

		1.	A video introducing mediation
		2.	What is mediation?
		3.	How is mediation different from a trial?
		4.	What are the benefits of mediation?
		5.	When is mediation appropriate?
		6.	Mediation programmes in the Subordinate Courts

The Mediation Process

	1.	When do I apply for mediation?
	2.	Do I have to be present at a mediation session?
	3.	How do I prepare for a mediation session?
	4.	Who will be the mediator?
	5.	What happens during a mediation session?
	6.	Will the information that I provide be kept confidential?
	7.	How many mediation sessions will there be?
	8.	What happens when there is no agreement reached after multiple mediation sessions?
	9.	An overview of the mediation process

About Neutral Evaluation

	1.	What is Neutral Evaluation?
	2.	How is Neutral Evaluation different from mediation?
	3.	Is an Evaluation binding on the parties?
	4.	What are the benefits of using Neutral Evaluation?
	5.	How are cases referred for Neutral Evaluation?
	6.	What type of cases are likely to be recommended for Neutral Evaluation?
	7.	What happens after a case is referred for Neutral Evaluation?
	8.	Who needs to be present at a Neutral Evaluation hearing?
	9.	What happens at the Neutral Evaluation hearing?
	10.	What is Expert Witness Conferencing?
	11.	Does Neutral Evaluation preclude other forms of ADR?


back to top
	Updates
	Brochures on ADR, Mediation and Neutral Evaluation
	A video introducing mediation
	About Court Dispute Resolution
	The Court Dispute Resolution Process
	Forms and Protocols
	About Neutral Evaluation

About Mediation

1. What is mediation?

Mediation is a mode of resolving disputes in which a neutral third party – the mediator – assists the parties in negotiating a possible settlement to their disputes without going to trial.

Unlike a judge, the mediator does not determine who is at fault in the dispute. Instead, the focus in mediation is on moving forward in a way that meets the disputing parties’ underlying concerns. The mediation process is also much more flexible and informal than the trial process.

2. How is mediation different from a trial?

Mediation is usually known as an alternative dispute resolution (ADR) method; it is an alternative to having a court trial. The table below sets out the main differences between these two processes.

FACTORS	MEDIATION	TRIAL
Control over outcome	Parties have full control over the outcome of mediation as they make their own decisions, with the help of the mediator.	Parties give up control to a judge who will listen to the evidence and make a decision that binds the parties.
Focus on the past or present	The past is reviewed in order to shape a solution for the future. There is less emphasis on determining who is at fault in the past. The main focus is on resolving the dispute through finding a solution for the future.	The main focus is on the past to allocate blame.
Cost	Mediation sessions in the Subordinate Courts are free of charge. When a case is settled at mediation, the parties save legal costs that would be incurred in going for trial.	The court hearing fees after the first day of trial are at least S$250 per day. Apart from court hearing fees, parties have to incur legal fees in hiring lawyers to go for a trial.
Flexibility	There is more flexibility in the outcome of mediation. The mediator and the parties are not bound by formal legal rules or procedure. The parties are therefore free to reach creative solutions without constraints.	A court trial by comparison is more formal. There has to be strict adherence to court procedures and existing legal principles in reaching a decision.
Confidentiality	Mediation proceedings are fully private and confidential. Discussions are not revealed in court in the event that mediation is unsuccessful and the dispute is heard in court.	Court hearings are open to the public.
Time	Usually short. Most disputes are resolved within three sessions. Many of these have even been settled within a single session.	Usually longer by comparison. Trials can be long due to the tedious processes of fact-finding, and cross-examination to verify the accuracy of the facts.

3. What are the benefits of mediation?

4. When is mediation appropriate?

Every dispute differs in character, and you have to consider whether your dispute is suitable for mediation or for a trial in court.

Mediation may be effective in the following situations:

	The parties know each other and want to save or maintain their relationship

	There is a need to reach a quick end to the dispute

	The parties want to avoid publicity or to maintain confidentiality

	The law does not provide a solution that meets the parties' real interest. For instance, while a suit may appear to be for breach of contract, there may be communication issues amongst the disputing party that have to be resolved. In another illustration, party may file a suit for defamation, but he or she may really be seeking an apology which is not a normal legal remedy given by the courts.

	The parties want to save legal costs

However, there are certain disputes in which mediation may not be appropriate. These are instances where:

	There is a need to establish a legal precedent in court. For instance, a company may need a court decision concerning how to interpret a clause in its standard contract.

	The key representatives or decision makers are not willing to participate in mediation.

	One or more parties may not be attempting mediation in good faith (e.g. to gather more information without any intention of exploring a settlement)

	One or more parties wants public attention to be drawn to the dispute.

5. Mediation programmes in the Subordinate Courts

The Subordinate Courts adopts a holistic approach in providing dispute resolution services to the community. Both adjudication (hearing of a case in court) as well as mediation are offered to court users. Mediation programmes are offered within the courts in a wide array of disputes:

Criminal matters

Mediation is used for Magistrates’ Complaints, i.e. complaints that are filed by any person seeking redress for an offence believed to be committed against him or her. After the complainant files a summons, a notice may be issued for both the complainant and respondent to appear for mediation before a Magistrate or in the Community Mediation Centre. Click here for more information.

Small Claims Tribunals

In general, the Small Claims Tribunals hear civil claims that are less than S$10,000 in quantum. The Tribunals were set up in 1985 to provide a quick and inexpensive forum for the resolution of small claims between consumers and suppliers. Parties are asked to attend a mediation or “consultation” session before a Small Claims Tribunals Registrar. Click here for more information.

Other civil matters

Apart from small claims, other civil disputes may be referred for mediation by the Primary Dispute Resolution Centre (PDRC). The mediators for such cases are Settlement Judges who are specially appointed judges of the Subordinate Courts who specialise in mediation.The PDRC will only schedule a mediation session when all the pleadings – all documents required to commence an action or defend a case – have been filed and all the parties consent to the mediation.

Note: Apart from mediation, PDRC also provides "neutral evaluation" for certain cases such as motor accident cases. This process involves the Settlement Judge providing an indication on the likely liability of the parties at trial. The parties would then negotiate using this indication as a basis.

Family matters

Parties involved in divorce proceedings in the Family Court may be referred for either a Resolution Conference before a Family Resolution Judge or a Joint Conference before a Family Resolution Judge and a Family Resolution Mediator. Click here for more information.

Mediation is also conducted by the Maintenance Mediation Chambers when parties file maintenance complaints (i.e. claims alleging that financial support for a child or wife has not been provided). More information can be found here.

Code of Ethics
Click here to access the Subordinate Courts' Code of Ethics and Principles of Court Mediation. This document sets out the ethical principles underlying mediation in the Subordinate Courts. It elaborates on court mediators' shared values and the key principles governing how mediation should be conducted in the Subordinate Courts.

The Mediation Process

1. When do I apply for mediation?

If you are claiming for less than $3,000 in a non-injury motor accident case, your claim has to be heard by the Financial Industry Disputes Resolution Centre Ltd (FIDReC) before you file an action in court. FIDReC will manage your claim through mediation and will also make a determination if necessary. The determination or award of the adjudicator will be binding on the motor insurer, but you are free to choose whether to accept it. For more information, please refer to FIDReC’s website and a Practice Direction issued by the Subordinate Courts.

2. Do I have to be present at a mediation session?

For NIMA cases, as well as other accident cases (motor accident cases resulting in personal injury; industrial accidents), lawyers normally represent the relevant insurers and clients. In general, you need not attend the first mediation session. Where necessary, you may be directed to be present in subsequent mediation sessions.

In all other cases, you should appear at the first mediation session regardless of whether you have a lawyer representing you.

3. How do I prepare for a mediation session?

It is useful to discuss your case together with your lawyer prior to the mediation. Please bear in mind that the purpose of mediation is not to determine fault but to explore a settlement. The following matters may be discussed with your lawyer:

What you would ultimately want if the dispute were to be resolved (e.g. monetary compensation, drawing public attention, preserving the relationship with the opposing party, acknowledgment of wrongdoing)

The strength of your case and the probability of success at trial

What is the likely cost of proceeding to trial and whether you are prepared to bear it

The possible ways of settling the dispute at mediation, and how the opposing party is likely to react to these suggestions

back to top

4. Who will be the mediator?

Your case will be mediated by either:

(a) a Judge in the Primary Dispute Resolution Centre; or
(b) an Associate Mediator.

The letter notifying you of the date of mediation will indicate who the mediator will be.

An Associate Mediator is a legally trained mediator who has been accredited by both the Subordinate Courts and Singapore Mediation Centre. He or she mediates cases in PDRC on a voluntary basis. The Associate Mediator Programme was introduced in PDRC since 2009. Click here for the full list of Associate Mediators.

5. What happens during a mediation session?

A typical mediation session

A typical mediation has the following stages:

	Preliminary meeting The Settlement Judge would usually be briefed by the lawyers on the facts of your case and the matters to be discussed at mediation. You need not be present during this preliminary discussion.

	Meeting with all parties and lawyers present The Settlement Judge will meet all the parties with their lawyers. This joint meeting is meant for the Settlement Judge to introduce you to the mediation process, as well as for you and the opposing party to hear each other out and discuss the issues in your case.

	Separate meetings If necessary, the Settlement Judge will meet with either you or the opposing party separately, together with your respective lawyers. This is a time to discuss matters that you may not have felt at ease to disclose earlier in the joint meeting and to explore possible options for settlement. There may be multiple separate meetings, depending on the circumstances of each case.

	Conclusion of mediation Once an agreement has been reached, all the parties will meet the Settlement Judge together with their lawyers to review and confirm the terms of agreement. The settlement judge will record these terms.

Cases involving motor accidents or industrial accidents, and other personal injury claims

The procedure for such cases differs from the above. One major difference is the use of neutral evaluation, i.e. the Settlement Judge will make an assessment on the likely outcome of the case at trial. You are advised to consult a lawyer to represent you in such cases.

Guidelines for the Assessment of General Damages in Personal Injury Cases

The Subordinate Courts together with the Singapore Academy of Law published a reference book entitled Guidelines for the Assessment of General Damages in Personal Injury Cases. This guide informs parties of the estimated quantum of damages that can be expected from the wide range of injuries suffered, and is useful for parties to make informed decision in settling their cases involving personal injury. Click here for an extract from the book on neck injuries.

6. Will the information that I provide be kept confidential?

Yes. All information will be kept strictly confidential and will not be revealed in court in the event that no settlement is reached during the mediation session. The Settlement Judge may also call for a private session where he or she will speak to each party separately. Confidential information revealed during caucuses will not be told to the opposing party.

7. How many mediation sessions will there be?

In general, there should not be more than three sessions. There also have been many cases in which settlement occurred within a single session. However, the actual time taken and the number of sessions required depends upon the situation of each individual case, such as the nature and level of complexity of the case, as well as the attitude of the parties.

8. What happens when there is no agreement reached after multiple mediation sessions?

When a case cannot be settled through the CDR process, parties will be directed to take the necessary steps within certain time frames (such as filing of affidavits of evidence-in-chief), for the matter to proceed to a trial. Such a trial will be heard before a judge in the civil courts, who is different from the judge in the Primary Dispute Resolution Centre conducting the mediation. The information discussed during the mediation process will remain confidential and will not be revealed to the trial judge.

9. An overview of the mediation process

The diagram below sums up a typical mediation process conducted by a judge in the Primary Dispute Resolution Centre (PDRC).

About Neutral Evaluation

1. What is Neutral Evaluation?

Neutral Evaluation is a structured but informal proceeding. You and your lawyers present their case and the key evidence to one another and the evaluator, who is a settlement judge. The evaluator will review the case and provide an assessment of its merits (the “evaluation”), i.e. his best estimate of the parties’ likelihood of success at trial. You can use the evaluation to settle their case or as a basis for settlement negotiations.

You may read more about Neutral Evaluation in this Law Gazette article.

2. How is Neutral Evaluation different from Mediation?

Mediation is a mode of resolving disputes in which a neutral third party – the mediator – assists the parties in negotiating a possible settlement to their disputes. The focus of mediation is to find solutions that meet the underlying interests of the parties and not on evaluating the merits of the case. The focus of a neutral evaluation is the assessment of the merits of the case.

Mediators may meet you privately to facilitate a settlement. However, private sessions are generally not used in Neutral Evaluation so that no private information that could be use in making the evaluation flows from a party to the evaluator.

3. Is an Evaluation binding on the parties?

You and the other party may decide whether the evaluation would be binding. The default position is that it would be non-binding. Where parties choose binding Neutral Evaluation, they agree to record a consent judgment or terms of settlement to give effect to the evaluation.

4. What are the benefits of using Neutral Evaluation?

(a) Saves costs

Neutral Evaluation is provided free during the pilot phase. You will also be able to save the time and money you would otherwise have to spend in going to trial if you manage to settle your dispute through Neutral Evaluation.

(b) Provides you with the best estimate of the likely outcome at trial

The evaluator will be an experienced judge who will give both parties his best estimate of the likely outcome at trial as a neutral party. He will provide an additional, independent perspective on the strengths and weaknesses of your case and the other side’s.

(c) Provides you with more information to settle the case
Both you and the other side will have an opportunity to hear each other’s case and see each other’s key supporting documents. Both sides will have an evaluation of the strengths of their case. The additional information can help you and the other side settle the case without going to trial.

(d) A day in court
You will have a chance to present your case together with your lawyers and for a neutral party, the judge, to assess it.

(e) Narrows the issues

Even if the case is not settled directly after Neutral Evaluation, the process often helps parties to clarify or narrow issues. This increases the likelihood of success of subsequent settlement discussions. If the matter still proceeds to trial, the number of days of trial and legal costs may be reduced as the issues are narrowed.

5. How are cases referred for Neutral Evaluation?

A deputy registrar hearing a summons for direction (‘SFD’), i.e. a hearing that your lawyers attend to obtain directions for the matter to proceed to trial and/or consider ADR options, may recommend that your case be referred for Neutral Evaluation. Your case may also be recommended for Neutral Evaluation by a settlement judge at PDRC or a judge conducting pre-trial conferences at the Civil Trial Courts. If both parties agree to refer the case for Neutral Evaluation, the court will arrange for it.

6. What type of cases are likely to be recommended for Neutral Evaluation?

The following types of cases may particularly benefit from Neutral Evaluation:

(a) Cases that turn on documentary evidence, e.g. construction related matters;
(b) Cases that turn on conflicting expert evidence where it might be costly and time consuming for expert witnesses to testify at length at trial, e.g. medical negligence cases;
(c) Where parties want a neutral person with subject matter expertise to assess the merits of their case to know the strength of their case better; and
(d) Where both sides believe that they have a strong case and are therefore unwilling to explore settlement. A neutral assessment of the strengths of each case may therefore be useful to break the deadlock.

Where parties are uncertain about whether Neutral Evaluation is suitable, mediation would usually be a better ADR option at the start, if all parties are open to exploring settlement.

7. What happens after a case is referred for Neutral Evaluation?

Within 21 days after a case has been referred for Neutral Evaluation, the PDRC will schedule a Preliminary Conference between a settlement judge, the parties and their lawyers. At this conference, the judge will discuss with the parties and their lawyers the following matters:
(a) Whether parties intend the evaluation to be binding;
(b) Whether affidavits of evidence-in-chief would be exchanged;
(c) The identities of the factual and expert witnesses that will attend the hearing;
(d) The convenient dates to schedule the Neutral Evaluation; and
(e) Any other matters that will facilitate the quick and economical conduct of the neutral evaluation.

Once the Neutral Evaluation hearing date has been fixed by the PDRC, you/your lawyer must submit a concise written statement setting forth your claim and annexing all material documentary evidence that you intend to rely on at the hearing. This must be done no later than two working days before the hearing.

8. Who needs to be present at the Neutral Evaluation?

The parties and their lawyers should attend the hearing. The factual and expert witnesses whose identities are confirmed and agreed upon at the Preliminary Conference should attend.

In the case of corporations and other entities, the representative who has final authority to settle and who is most knowledgeable about the case should attend.

9. What happens at the Neutral Evaluation hearing?

At the Neutral Evaluation hearing, the parties and their lawyers will present their case and the available supporting evidence to one another and the evaluator. Key witnesses on each side will be called to give testimony. Rules of evidence do not apply in this process. Cross-examination will generally not take place. Where separate expert witnesses are called, they would give evidence using the expert witness conferencing approach set out in the next question below. The evaluator may at any time during the Neutral Evaluation hearing ask questions to probe or clarify any submission or evidence presented by the parties and their witnesses. Where suitable, the evaluator would also identify areas of agreement or disagreement. The parties would also be given the opportunity to make any responsive presentations. After all presentations and evidence have been made or delivered, the evaluator will deliver an oral assessment of the merits of the parties’ case.

10. What is Expert Witness Conferencing?

Expert Witness Conferencing is a process used to clarify the technical issues of a case. It involves the joint hearing of all expert witnesses in the presence of one another. Each party’s expert witness would be afforded the opportunity to question, clarify or probe any contending views proffered by the other expert. At the end of the process, each expert would summarise his opinion, highlighting the areas of agreement and disagreement with the other side’s expert. This approach differs from the traditional mode of witness hearing where witnesses are examined and cross examined one by one.

11. Does Neutral Evaluation preclude the use of other forms of ADR?

No. In the course of mediation, the parties may decide that Neutral Evaluation may be more helpful and proceed with that process instead. Conversely, if parties are unable to settle their case after Neutral Evaluation, the settlement judge may recommend that other ADR processes be pursued, such as mediation.

UPDATES AND HIGHLIGHTS

August 2012

The Practice Directions have been amended on 22 August 2012, and took effect on 22 November 2012. The amendments modify the Pre-Action Protocol for personal injury claims, by introducing a Single Joint Expert Scheme for case in which damages are less than $20,000. New forms for writing to medical experts may be found in these amendments and on this website.

14 May 2012

The Practice Directions have been amended on 14 May 2012, and will take effect on 28 May 2012. The amendments introduce a "Presumption of ADR" for civil cases, and amalgates all provisions within the Subordinate Courts Practice Directions concerning ADR for civil disputes. The ADR Form has been modified and a few new forms added. Read more about these amendments in the May issue of the Law Gazette. The updated forms may be downloaded on this website.

October 2011

A Registrar's Circular has been issued on 29 September 2011 and will take effect on 17 October 2011. This Circular introduces a pilot programme to use Neutral Evaluation as a new ADR process. Read more about Neutral Evaluation below on this website, and in a Law Gazette article.

April 2011

A Practice Direction has been released on 5 April 2011 and will take effect on 1 May 2011. The main changes include a) A pre-action protocol for personal injury claims, and Court Dispute Resolution sessions for all such claims; and b) a pre-repair inspection requirement for non-injury motor accident cases; c) new and updated forms for Court Dispute Resolution. These forms are available for download on this website.

October 2010

The Subordinate Courts together with the Singapore Academy of Law have published a quick-reference book entitled Guidelines for the Assesment of General Damages in Personal Injury Cases, providing information on the estimated quantum of damages to be expected from a wide range of injuries suffered. Click here to access an extract from the book concerning neck injuries.

August 2010

The PDRC has released a video illustrating the mediation process for civil cases in court. This video explains the purpose and benefits of mediation, and also provides tips on being well prepared for the mediation process.

May 2010

The Subordinate Courts have released a Practice Direction requiring an Alternative Dispute Resolution Form to be filed at the Summons for Directions stage. The Practice Direction took effect on 17 May 2010. Click here to read more about the ADR Form.

2010

A Code of Ethics and Basic Principles on Court Mediation is available for public reference. This document sets out the key ethical principles underlying mediation in the Subordinate Courts. It elaborates on court mediators' shared values and the key principles governing how mediation should be conducted in the Subordinate Courts. Click here to access the Code.

About Court Dispute Resolution

What is CDR?

Court Dispute Resolution (CDR) is a process in which a neutral third party – the Settlement Judge – assists the disputing parties in negotiating a possible settlement to their disputes without resorting to adjudication in court.

Processes used in CDR

There are two main processes used for CDR in the Primary Dispute Resolution Centre:

(a)	*Mediation* The focus in mediation is on moving forward in a way that meets all the disputing parties’ concerns, instead of determining which party is liable in the dispute. Mediation is more informal and flexible than a trial. This process is usually used for contract claims or claims in tort that do not involve motor accidents. The typical stages of a mediation session are as follows:


(b)	*Neutral Evaluation (NE)* NE involves the Settlement Judge assessing the merits of the case and providing an evaluation of the likely outcome at trial. A shortened and summary form of NE is used for tort cases involving accidents (Personal Injury Motor Accident cases, Non Injury Motor Accident Cases, Industrial Accidents). A full version of Neutral Evaluation is also available for general civil cases. Your client may opt for neutral evaluation at the summons for direction stage. To read more about this process and when it is appropriate for your case, click here.

The Court Dispute Resolution Process

Fixing of CDRs

The diagram below sets out how CDRs are fixed for different types of cases:

Note: If your client is claiming for less than $3,000 in a non-injury motor accident case, the claim has to be heard by the Financial Industry Disputes Resolution Centre Ltd (FIDReC) before legal action can be commenced. FIDReC will manage the claim through mediation and will also make a determination if necessary. The determination or award of the adjudicator will be binding on the motor insurer, but the claimant is free to choose whether to accept it. For more information, please refer to FIDReC’s website and a Practice Direction issued by the Subordinate Courts.

NIMA AND PI CDRs

These CDRs are generally fixed on Mondays and Wednesdays. A very brief form of Neutral evaluation is used at the first CDR to provide an indication on the likely liability of the parties at trial. The lawyers then negotiate using the indication as a basis. There are typically a few CDRs before the case is settled through the entry of an interlocutory judgment, a final judgment or terms of settlement. In certain cases, the drivers or witnesses may be directed to appear at subsequent CDRs to attempt to overcome any deadlock in the negotiations.

Industrial Accident CDRs

From November 2011 onwards, Industrial Accident CDRs will generally be fixed for Friday afternoons. A brief form of Neutral evaluation is also utilised and the process is largely similar to NIMA and PIMA CDRs.

CDRs for all other cases (general civil cases)

CDRs for all other types of cases are generally heard on Tuesdays, Thursdays or Fridays. Mediation is the predominant mode of dispute resolution for these CDRs. Your client may also request for a Neutral Evaluation process. To find out more about how this process works, click here. Your clients should be present at these CDRs unless otherwise directed by the Settlement Judge. Lawyers are expected to be present together with their clients throughout the CDR.

Who will act as mediator for general civil cases

Your client's case will be mediated by either:

(a) a Judge in the Primary Dispute Resolution Centre; or
(b) an Associate Mediator.

The letter notifying you of the date of mediation will indicate who the mediator will be.

An Associate Mediator is a legally trained mediator who has been accredited by both the Subordinate Courts and Singapore Mediation Centre. He or she mediates cases in PDRC on a voluntary basis. The Associate Mediator Programme was introduced in PDRC since 2009. Click here for the full list of Associate Mediators.

Assessment of Damages CDRs (ADCDRs)

In cases involving personal injury, where liability has already been agreed but the quantum is disputed, ADCDRs may be conducted for the Settlement Judge provides the parties with an indication of the likely outcome of the assessment of damages. ADCDRs are heard in the Civil Registry on Mondays, Wednesdays and Fridays. The Civil Registry oversees the administration for these cases.

Guidelines for the Assessment of General Damages in Personal Injury Cases

The Subordinate Courts together with the Singapore Academy of Law published a reference book entitled Guidelines for the Assessment of General Damages in Personal Injury Cases. This guide informs parties of the estimated quantum of damages that can be expected from the wide range of injuries suffered, and is useful for parties to make informed decision in settling their cases involving personal injury. Click here for an extract from the book on neck injuries.

Requesting for adjournments

Whenever a change to the CDR date fixed by PDRC is required, Form 8 of the Subordinate Courts Practice Directions should be faxed to the PDRC at 6557 2187. The consent of both solicitors has to be obtained.

PREPARING FOR CDR

Preparing your client for CDR

For CDRs in which mediation is used, it is helpful to discuss your case together with your client prior to the mediation. Bearing in mind that the purpose of mediation is not to determine liability but to explore a settlement, the following matters may be discussed:

	What your client would ultimately want if the dispute were to be resolved (e.g. monetary compensation, drawing public attention, preserving the relationship with the opposing party, acknowledgment of wrongdoing)

	The strength of your client’s case and the probability of success at trial

	Whether your client is prepared and able to bear the cost of adjudication in court

	The possible ways of settling the dispute at mediation, and how the opposing party is likely to react to these suggestions

Preparing for CDR

CDRs in which NE is used

Motor accident cases, personal injury cases (including industrial accidents)
Since these are cases in which the Settlement Judge will make an assessment of the merits of the case, you should be prepared to present the legal and factual aspects of your case. The necessary evidence, such as photos and reports should also be obtained.

General civil matters
Click here to read more about preparation for Neutral Evaluation for general civil cases.

CDRs in which mediation is used

The Settlement Judge would typically have a preliminary meeting with the lawyers at the commencement of the mediation. You should be prepared to address the following matters:

	The respective cases of each party

	Areas of agreement and disagreement

	The underlying dynamics in the dispute. The Settlement Judge would also like to be apprised on the relationship between the parties and their negotiation history.

	The proposed agenda or issues for the mediation

Note that a mediation session, unlike a trial, is meant to move the parties towards a future settlement instead of allocating blame for past conduct. Lawyers should therefore refrain from taking an adversarial approach during mediation. They should assist their clients in brainstorming and assessing options, ascertaining their goals in mediation as well as determine the possible range of options their client is willing to accept.

About Neutral Evaluation:

1. What is Neutral Evaluation?

2. How is Neutral Evaluation different from Mediation?

3. Is an Evaluation binding on the parties?

You and the other party may decide whether the evaluation would be binding. The default position is that it would be non-binding. Where parties choose binding Neutral Evaluation, they agree to record a consent judgment or terms of settlement to give effect to the evaluation.

4. What are the benefits of using Neutral Evaluation?

(a) Saves costs

(b) Provides you with the best estimate of the likely outcome at trial

Both you and the other side will have an opportunity to hear each other’s case and see each other’s key supporting documents. Both sides will have an evaluation of the strengths of their case. The additional information can help you and the other side settle the case without going to trial.

(d) A day in court
You will have a chance to present your case together with your lawyers and for a neutral party, the judge, to assess it.

5. How are cases referred for Neutral Evaluation?

If both parties agree to refer the case for Neutral Evaluation, the court will arrange for it.

6. What type of cases are likely to be recommended for Neutral Evaluation?

7. What happens after a case is referred for Neutral Evaluation?

Within 21 days after a case has been referred for Neutral Evaluation, the PDRC will schedule a Preliminary Conference between a settlement judge and their lawyers. At this conference, the judge will discuss with the lawyers the following matters:
(a) Whether parties intend the evaluation to be binding;
(b) Whether affidavits of evidence-in-chief would be exchanged;
(c) The identities of the factual and expert witnesses that will attend the hearing;
(d) The convenient dates to schedule the Neutral Evaluation; and
(e) Any other matters that will facilitate the quick and economical conduct of the neutral evaluation.

8. Who needs to be present at the Neutral Evaluation?

The parties and their lawyers should attend the hearing. The factual and expert witnesses whose identities are confirmed and agreed upon at the Preliminary Conference should attend.

In the case of corporations and other entities, the representative who has final authority to settle and who is most knowledgeable about the case should attend.

9.What happens at the Neutral Evaluation hearing?

10. What is Expert Witness Conferencing?

Expert Witness Conferencing is a process used to clarify the technical issues of a case. It involves the joint hearing of all expert witnesses in the presence of one another. Each party’s expert witness would be afforded the opportunity to question, clarify or probe any contending views proffered by the other expert. At the end of the process, each expert would summarise his opinion, highlighting the areas of agreement and disagreement with the other side’s expert. This approach differs from the traditional mode of witness hearing where witnesses are examined and cross examined one by one.

**At any time during the Witness Conferencing process, the Evaluator may intervene and ask questions to probe or clarify.

11. Does Neutral Evaluation preclude the use of other forms of ADR?

No. In the course of mediation, the parties may decide that Neutral Evaluation may be more helpful and proceed with that process instead. Conversely, if parties are unable to settle their case after Neutral Evaluation, the settlement judge may recommend that other ADR processes be pursued, such as mediation.

Forms and Protocols:

Protocol/Form	Word	PDF
Pre-action Protocol for NIMA Cases
Pre-action Protocol for Personal Injury Claims
Letter to Medical Expert (Form 5 of the Pre-action Protocol for Personal Injury Claims)
Medical Report Form (Form 5A of the Pre-action Protocol for Personal Injury Claims)
ADR Form for Summons for Directions Stage (Form 6A of Practice Directions)
Request for CDR (Form 7 of Practice Directions)
Request for Adjournment of CDR (Form 8 of Practice Directions)
Liability Indication Form for Motor Accident Cases (Form 9A of Practice Directions)
Quantum Indication Form for Personal Injury Cases (Form 9B of Practice Directions)
Application for Directions under O 37 for Personal Injury Cases or Non-Injury Motor Accident Cases (Form 9C of Practice Directions)
Joint Opening Statement for Assessment of Damages CDR (Personal Injury Claims) (Form 9D of Practice Directions)
Joint Opening Statement for Assessment of Damages CDR (Non Injury Motor Accident Claims) (Form 9E of Practice Directions)
Joint Opening Statement for Assessment of Damages CDR (General Civil Claims) (Form 9F of Practice Directions)
Application for Fast Track Assessment of Damages CDR (Form 9G of Practice Directions)
Request for Adjournment of Assessment of Damages CDR (Form 9H of Practice Directions)
Form to Record Settlement / Enter Judgment by Consent (Form 9I of Practice Directions)
Template for Opening Statement for Mediation (Form 9J of Practice Directions)
Sample Opening Statement for Mediation (Sample Form 9J of Practice Directions)
Template for Opening Statement for Neutral Evaluation (Form 9K of Practice Directions)
Sample Opening Statement for Neutral Evaluation (Sample Form 9K of Practice Directions)

Video introducing mediation:

The Primary Dispute Resolution Centre has produced a video illustrating a typical mediation session. This video illustrates the different stages of court mediation, explains the purpose and benefits of mediation, and also provides tips on being well prepared for the mediation process. Click on the relevant segments below to find out more about mediation in PDRC.

Student Sharon has signed up for a business and strategy course in a private school. She is unimpressed by the lecturer and course coverage. A disappointed Sharon seeks a refund from school principal, Marlene. The conversation sours when Marlene declines to refund Sharon’s course fees, leading Sharon to threaten legal action and blog against the school. After this fiery confrontation, Sharon angrily publishes a blog entry referring to the school as a “scam operation”. She also files a suit against the school in the Subordinate Courts of Singapore, for a refund of her course fees. The school retaliates, with a counterclaim of defamation against Sharon for her adverse Internet posts.

Segment 1	The Dispute (WMV-format, 9.97Mb)
Segment 2	At the Subordinate Courts' HELP Centre (WMV-format, 16.9Mb)
Segment 3	Court Mediation at the Subordinate Courts (WMV-format, 25.8Mb)

Panel of Associate Mediators:

Name	Law Firm/Company
Abdul Salim	United Legal Alliance LLC
Abraham Vergis	Providence Law Asia LLC
Amolat Singh	Amolot & Partners
Anand Nalachandran	Braddell Brothers LLP
Ang Wee Tiong	Chris Chong & CT Ho Ptship
Anjalli d/o Muniandy	Vision Law LLC
B Rengarajoo s/o Rengasamy Balasamy	B Rengarajoo & Assoc
Balasubramaniam s/o Appavu	Pereira & Tan LLC
Darren James Cerasi	I-Analysis Pte Ltd
James Chan	Monetary Authority of Singapore
Chan Ying Kuen Eric	Drew & Napier LLC
Chan Jin Han Zech	Lee & Lee
Alvin Cheng	Chris Chong & CT Ho Ptship
Cheong Aik Chye	AC Cheong & Co
Chiam Tao Koon	Allen & Gledhill
Deepak Natverlal	Maximus Law LLC
Farida Alkaff	Ingram Micro
Fung Shuyin Cheryl	Allen & Gledhill
Aloysius Goh	Singapore Institute of Technology
Gloria James	Gloria James-Civetta & Co
Kamalarajan Malaiyandi Chettiar	Rajan Chettiar & Co
Kang Kim Yang	Joseph Tan Jude Benny LLP
Koh Choon Guan Daniel	Eldan Law LLP
Lam Kuet Keng Steven	Joseph Tan Jude Benny LLP
Raymond Lam	Drew & Napier LLC
Nicholas Lazarus	Justicius Law Corporation
Jay Lee	Attorney-General's Chambers
Sandra Lim Ching Ching	Robert Wang & Woo LLP
Lim Tat	Aequitas Law LLP
Richard Lim Teck Hock	Richard Lim & Co
Peter Lo	Based in Hong Kong
Loke Chi Wei Peter	Sygenta Asia Pacific Pte Ltd
Raphael Louis	Teo Keng Siang & Partners
Lum Kit-Wye	Nanyang Technological University/Nanyang Business School
Moo Sue-Anne	-
Mahtani Naresh Murlidhar	Inca Law LLC
Neoh Sue Lynn	Xilinx Asia Pacific Pte. Ltd
Jeyaraj Indra Raj	Harold Seet & Indra Raj
Ravinran Kumaran	Relianze Law Corporation
Viviene Sandhu	Clifford Law
Ramesh Selvaraj	Allen & Gledhill
See Chern Yang	Premier Law
Melvin See	Rodyk & Davidson LLP
Seet Pek Hian Harold	Harold Seet & Indra Raj
Sim Chong	JLC Advisors LLP
Sim Khadijah Binte Mohamed	National University of Singapore
Favian Tan	Wong Partnership
Tan Heng Khim	Sankar Ow & Partners LLP
Tan Lam Siong	L S Tan & Co
Tan Tse Chia Patrick	Patrick Tan & Assoc
Tan Siah Yong	ComLaw LLC
Teo Wei Xian Kelvin	Cavanagh Law LLP
Wan Kwong Weng	Maple Tree Investments Ptd Ltd
Wong Su-Hsien Audrey	Vision Law LLC
Yuen Djia Chiang Jonathan	Harry Elias Partnership LLP