Family Law Disputes
Mediation in Family Law matters
Mediation is a private process where parties agree to refer their family dispute to a mediator(s) whose role will be to assist the parties in arriving at a mutually acceptable resolution of the dispute. Unlike litigation, the resolution of the family dispute is not dependent on a third party imposing a decision on the parties.
The Law Society Mediation Scheme has set up a specialist Family Law arm that allows for the resolution of family law disputes through mediation in a cost-effective and timely manner and provides disputants with an opportunity to resolve their family law disputes without having to resort to or continue with litigation.
Neutral Evaluation in Family Law matters
The aim of the neutral evaluation process is to create stable truces and lasting peace by dealing with family disagreements and disputes that do not reach formal proceedings.
The advantages of the neutral evaluation process under the specialist Family Law arm of the Law Society Neutral Evaluation Scheme are that parties are not permanently saddled with the result and they have a subsequent chance of asserting their rights through the formal dispute resolution processes.
An evaluation is advisory only and provides the parties with a review of merits of each of their case by an independent third party. Every single stage of the process is limited by time to avoid any unnecessary prolongation of the matter.
For more information on LSMS and LSNES for family law disputes, please refer to the LSMS-LSNES Addendum.
Workflow for Family Law matters
What do these Schemes Cover?
Cases Suitable for Mediation/Neutral Evaluation:
Marital/ Financial Disputes
- Divorce and reasons for the breakdown of the marriage
- Nullity and reasons for nullity
- Maintenance for former wife or husband who has been incapacitated during the marriage
- Financial provision on divorce/ judicial separation or nullity. Assessment of pool of matrimonial assets. Division of the matrimonial assets.
- Maintenance for the children of the marriage
Cases Suitable for Mediation Only:
- Parenting and care arrangements for the children, including access and contact time
- Where and with whom the children should live
- Custodial arrangements and major decisions concerning the children’s upbringing relating to the children’s education, health and/or religion
- Relocation of children
- Abduction or wrongful retention of children either for Hague Applications or otherwise
Cases Not Suitable Under the Schemes:
- Determination of the appropriate forum
- Domestic violence cases
- Guardianship matters
Contempt of court cases – breach of court orders and obligations including access and care and control orders - Bankruptcy or insolvency
- Status either of individuals or of their relationship
- Any claim or involvement of third party interests, unless that third party agrees in writing. This also applies to cases where an asset is held jointly with a third party or is alleged to belong beneficially either in whole or part to a third party
- Child protection proceedings
Addendum to the Law Society Mediation Rules and Law Society Neutral Evaluation and Determination Rules for Mediation and Neutral Evaluation of Family Law Disputes
This Addendum to the Law Society Mediation Rules (“LSMR”) and Law Society Neutral Evaluation and Determination Rules (“LSNEDR”) is applicable to family law disputes being referred to the Law Society for mediation under the Law Society Mediation Scheme – Family Law (“LSMS – Family Law”) or for non-binding Neutral Evaluation under the Law Society Neutral Evaluation – Family Law (“LSNES – Family Law”) respectively. Where arrangements for the Mediation/Neutral Evaluation under LSMS – Family Law and LSNES – Family Law are not specified in this Addendum, the respective LSMR or LSNEDR shall apply.
As the non-binding Neutral Evaluation process for family disputes is unique and different from the existing Neutral Evaluation process for civil disputes, we have reproduced a copy of the work flow for family disputes in the Annexed Workflow.
For the avoidance of doubt, this Addendum is not applicable to civil disputes referred to the general Law Society Mediation Scheme and Law Society Neutral Evaluation and Determination Scheme.
1. COMMENCEMENT OF A MEDIATION/ NEUTRAL EVALUATION
1.1 For parties who wish to commence a Mediation/Neutral Evaluation under the LSMS – Family Law or LSNES – Family Law, they may do so by:
(a) submitting a completed “Request for Mediation/Neutral Evaluation form” (“Request”) via email to adr@lawsoc.org.sg; and
(b) paying the required non-refundable administration fee.
1.2 In the event the family law dispute is not settled at the conclusion of the Mediation, the parties may agree to refer the dispute to be resolved by Neutral Evaluation under the LSNES – Family Law and the rules thereunder for the time being in force. Similarly, in the event the family law dispute is not settled at the conclusion of the Neutral Evaluation, the parties may agree to refer the dispute to be resolved by Mediation under the LSMS – Family Law and the rules thereunder for the time being in force
2. APPOINTMENT OF MEDIATOR/NEUTRAL
2.1 This section shall be applied in place of Article 4 of the LSMR and/or Rule 10 of the LSNEDR for family law disputes being referred to the LSMS – Family Law and LSNES – Family Law.
2.2 The LSMS-LSNES Family Law Panel consists of a dedicated group of professionals qualified to handle Mediation and Neutral Evaluation in relation to family disputes (“Mediators” and “Neutrals” respectively), and are governed by a dedicated Code of Conduct. The latest LSMS-LSNES Family Law Panel may be viewed on the Law Society of Singapore’s website.
2.3 After receiving the completed Request and the payment of the required non-refundable administration fee from each party, the President of the Law Society shall appoint two Co-Mediators or two Co-Neutrals from the LSMS-LSNES Family Law Panel as soon as practicable.
2.4 Where the parties have nominated one or more Mediator(s)/Neutral(s) from the LSMS-LSNES Family Law Panel, the President may consider the parties’ nomination when appointing the Mediators/Neutrals. However, the President shall make the final decision on the appointment of the Mediators/Neutrals and such decision shall not be subject to any review whatsoever.
3. FEES SCHEDULE
3.1 This section shall be applied in place of the Fees Schedule found in Part 3 of the LSMR and Part 6 of the LSNEDR for family law disputes referred under the LSMS – Family Law and LSNES – Family Law.
3.2 The fees payable by the parties to the Law Society for the time-being in force and during the pilot phase, shall be as follows:
| Quantum of Matrimonial Assets (S$) | Administration Fee (Non-Refundable) | Mediators’ and Neutrals’ Fees [1] | Overtime Charges |
|---|---|---|---|
|
Gross value of all known assets is under $2,000,000 |
$150 (per party) |
$150 per hour (per party) |
$100 per hour (per party) |
|
Gross value of all known assets is $2,000,000 or above |
$250 (per party) |
$250 per hour (per party) |
$150 per hour (per party) |
3.3 For the avoidance of doubt, the fees prescribed above do not include expenses reasonably incurred for the conduct of the Mediation/Neutral Evaluation process, including disbursements for photocopying, telephone calls, facsimile transmissions and incidentals which shall be reimbursed at reasonable rates.
3.4 Mediations/Neutral Evaluations may be held either in-person or via video-conference. Parties will bear the cost of hiring the premises if the Mediation/Neutral Evaluation is held in-person.
3.5 The Law Society may review this Fees Schedule from time to time and will set out the latest fees and charges on the Law Society of Singapore’s website.
4. FORMS
4.1 As the forms used for the Mediation/Neutral Evaluation under LSMS – Family Law and LSNES – Family Law are different from the standard LSMS and LSNEDS process, the relevant forms are included for your reference. The use of the prescribed forms in Annexes A to C is mandatory, and the use of the sample forms in Annexes D to I (whether represented or in person) is highly encouraged:
Annex A: Request for Mediation/Neutral Evaluation
Annex B: Agreement for Mediation
Annex C: Agreement for Neutral Evaluation
Annex D: Sample Mediation/Neutral Evaluation Case Statement
Annex E: Sample Settlement Agreement (Mediation)
Annex F: Sample Recommendations (Neutral Evaluation)
Annex I: Sample Draft Ancillary Matters Consent Order
5. CONTACT
5.1 If parties have any questions about the arrangements for Mediation or Neutral Evaluation, they may contact the Law Society Secretariat at adr@lawsoc.org.sg.
6. VALIDITY OF ADDENDUM
6.1 This Addendum is (approved by Council and) valid from 15 March 2021.
[1] The published rates apply to Mediation (in an 8-hour block) and Neutral Evaluation (in a 4-hour block) conducted within the hours of 9.00am to 6.00pm.
Forms
- Annex A: Request for Mediation/Neutral Evaluation
- Annex B: Agreement for Mediation
- Annex C: Agreement for Neutral Evaluation
- Annex D: Sample Mediation/Neutral Evaluation Case Statement
- Annex E: Sample Settlement Agreement (Mediation)
- Annex F: Sample Recommendations (Neutral Evaluation)
- Annex I: Sample Draft Ancillary Matters Consent Order
Other Resources
Our Panellists
Mr Ahmad Nizam bin Abbas
Crescent Law Chambers LLC
SMC (Family Panel)
Ms Gurmeet Kaur d/o Amar Singh
Harjeet Singh & Co
SMC (Family Panel), MiKK-Trained
Ms Carolyn Natalie Bava
Lee & Lee
SMC (Family Panel)
Ms Sujatha Bhargavan
Gavan Law Practice LLC
SMC (Family Panel)
Ms Grace Chacko
Grace Chacko Law Practice
SMC (Family Panel)
Ms Teresa Chan Pui Woo
C. Teresa Law Corporation
SMC (Family Panel)-Trained
Mr Anil Murkoth Changaroth
RHTLaw Asia LLP
SMC (Family Panel)
Mr Alvin Cheng Sun Cheok
Chris Chong & C T Ho LLP
Mr Ivan Cheong Zhi Hui
Withers KhattarWong LLP
SMC (Family Panel)
Mr Malaiyandi Chettiar Kamalarajan
Rajan Chettiar LLC
SMC (Family Panel), MiKK-Trained
Mr Chong Yue-En
Bethel Chambers LLC
SMC (Family Panel)
Mr Chugani Ashok Kan
Mirchandani & Partners
SMC (Family Panel), MiKK-Trained
Ms Foo Siew Fong
Harry Elias Partnership LLP
SMC (Family Panel)
Mr Khwaja Imran Hamid
Tan Rajah & Cheah
SMC (Family Panel)
Ms Han Poh Chin Wendy
Wendy Han & Co
SMC (Family Panel)
Ms Gloria James-Civetta
Gloria James-Civetta & Co.
SMC (Family Panel), MiKK-Trained
Ms Dharmambal Shanti Jayaram
Dharma Law LLC
SMC (Family Panel), MiKK-Trained
Ms Anuradha d/o Krishan Chand Sharma
Winchester Law LLC
SMC (Family Panel), MiKK-Trained
Ms Jenny Lai Ying Ling
Jenny Lai & Co
SMC (Family Panel)
Ms Lee Mong Jen
LMJ Law Corporation
SMC (Family Panel), MiKK-Trained
Mr Leong Wai Meng Victor
Legal Options LLC
SMC (Family Panel)
Ms Lim Pheck Hoon Joan
Legal Options LLC
SMC (Family Panel)
Ms Lim Chiew Hong Amy
Amy Lim Law Practice
SMC (Family Panel), MiKK-Trained
Ms Luo Ling Ling
Luo Ling Ling LLC
SMC (Family Panel)
Ms Poonam Lachman Mirchandani
Mirchandani & Partners
SMC (Family Panel), MiKK-Trained
Ms Ng Pui Khim
Gateway Law Corporation
SMC (Family Panel)
Mr Nicholas Philip Lazarus
Justicius Law Corporation
MiKK-Trained
Ms Audrey Phua Soong
Lexcompass LLC
SMC (Family Panel)
Mr Rengarajoo s/o Rengasamy Balasamy
B Rengarajoo & Associates
Ms Sharanjit Kaur d/o Sarjit Singh
Advox Law LLC
SMC (Family Panel)
Mr Steven Seah Seow Kang
Seah Ong & Partners LLP
Mr See Chern Yang
Drew & Napier LLC
Mr Harold Seet Pek Hian
Bethel Chambers LLC
SMC (Family Panel), MiKK-Trained
Mrs Aye Cheng Shone
A C Shone & Co
SMC (Family Panel), MiKK-Trained
Dr Anamah Tan
Ann Tan & Associates
MiKK-Trained
Ms Tan Hui Qing
Harry Elias Partnership LLP
SMC (Family Panel)
Mr Tan Shien-Loon Lawrence
Eldan Law LLP
SMC (Family Panel)
Ms Susan Tay Ting Lan
OTP Law Corporation
SMC (Family Panel), MiKK-Trained
Ms Josephine Tay Siok Leng
Josephine Tay & Co
SMC (Family Panel)
Ms Wong Kai Yun
Chia Wong Chambers LLC
SMC (Family Panel), MiKK-Trained
Ms Michelle Woodworth
Quahe Woo & Palmer
SMC (Family Panel), MiKK-Trained
Mr Yap Teong Liang
T L Yap Law Chambers LLC
SMC (Family Panel), MiKK-Trained
Mr Yap Gim Chuan
Soh Wong & Yap
SMC (Family Panel), MiKK-Trained
Ms Yee May Keun Peggy Sarah
PY Legal LLC
SMC (Family Panel)
Mr Raymond Yeo Khee Chye
Raymond Yeo Advocates & Solicitors
SMC (Family Panel), MiKK-Trained
Ms Margaret Yeow Tin Tin
Hoh Law Corporation
SMC (Family Panel)
*For more information on the neutral evaluators’/mediators’ qualifications, please contact us at adr@lawsoc.org.sg
Qualifying Requirements for Admission to the LSFS Panel of Mediators
Panel of Mediators
1.1. The Law Society Family Law Scheme (“LSFS”) shall comprise a Panel of Mediators consisting of 2 categories of mediators, namely:a) Senior Mediators; and
b) Associate Mediators.1.2. The Panel of Mediators shall, at all material times, have in force a valid practising certificate. The LSFS retains the right to remove from the panel any mediator who does not have a valid practising certificate during the tenure of his / her appointment.
Appointment of Mediators
Senior Mediators
2.1. For appointment as Senior Mediators, applicants must satisfy the following requirements:a) an Advocate and Solicitor of the Supreme Court of Singapore with a minimum aggregate of 15 years PQE and holds a valid practising certificate; and
b) currently on the Singapore Mediation Centre’s Family Panel.Associate Mediators
2.2. For appointment as Associate Mediators, applicants must satisfy the following requirements:a) an Advocate and Solicitor of the Supreme Court of Singapore with a minimum aggregate of 5 years PQE and holds a valid practising certificate; and
b) a mediator who has passed and attained certification from Singapore Mediation Centre’s Family Mediation Certification Programme, but is not currently on the Singapore Mediation Centre’s Family Panel.
