AgreeingtoMediate

Mediation is a private dispute resolution process where parties agree to refer their dispute to a mediator.

An agreement to mediate a dispute under the Law Society Mediation Scheme ('LSMS') can be reached through, but not limited to, the following 4 methods:

(1)

Through an agreement entered into before a dispute arises, to refer that dispute to mediation

Parties who desire to mediate any dispute arising under a contract may insert into the contract a mediation clause in the following terms:

“All disputes, controversies or differences ('dispute') arising out of or in connection with this contract, including any questions regarding its existence, validity or termination, shall first be referred to mediation in Singapore, in accordance with the Law Society Mediation Rules for the time being in force.”

(2)

Through an agreement entered into after a dispute arises, to refer that dispute to mediation

Parties who do not have an existing mediation agreement in their underlying contract may agree to mediate under the LSMS after a dispute arises.

Please click here here to access a sample agreement to mediate.

(3)

Through an agreement to refer the dispute for mediation entered into during court or arbitration proceedings

(4)

Together with the Law Society Arbitration Scheme, through a multi-tiered dispute resolution clause in an agreement entered into before or after the dispute arises

Parties may insert into the contract a mediation-arbitration clause in the following terms:

"All disputes, controversies or differences ('dispute') arising out of or in connection with this contract, including any questions regarding its existence, validity or termination, shall first be referred to mediation in Singapore, in accordance with the Law Society Mediation Rules for the time being in force.

In the event that the dispute cannot be resolved in mediation within the time agreed by the parties, the parties shall refer the dispute to arbitration in Singapore in accordance with the Law Society Arbitration Scheme and the rules thereunder for the time being in force."