Personal Injury and Property Damage Mediation / Neutral Evaluation Scheme (LSMS / LSNEDS - PIPD)
Mediation in Personal Injury and Property Damage (PIPD) Claims
Mediation is a private process where parties agree to refer their claim to a mediator(s) whose role will be to assist the parties in arriving at a mutually acceptable resolution of the claims. Unlike litigation, the resolution of the PIPD claims are not dependent on a third party imposing a decision on the parties.
The Law Society Mediation Scheme has set up a specialist PIPD arm that allows for the resolution of PIPD claims through mediation in a cost-effective and timely manner and provides disputants with an opportunity to resolve their PIPD claims without having to resort to or continue with litigation.
Neutral Evaluation in Personal Injury and Property Damage (PIPD) Claims
The aim of the neutral evaluation process is to help parties to clarify and narrow the scope of their dispute and have a better understanding of key issues. Early settlement through neutral evaluation means that parties can avoid the cost of preparing for a trial.
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 LSNEDS for PIPD claims, please refer to the LSMS / LSNEDS – PIPD Addendum.
Addendum to the Law Society Mediation Rules and Law Society Neutral Evaluation and Determination Rules for Mediation and Neutral Evaluation of Personal Injury and Property Damage (PIPD) Claim Disputes
This Addendum to the Law Society Mediation Scheme Rules (“LSMR”) and Law Society Neutral Evaluation and Determination Rules (“LSNEDR”) is applicable to all personal injury claims (excluding claims arising due to medical negligence and from employment disputes not involving accidents); and to property damage claims arising from motor accidents being referred to the Law Society for mediation under the Law Society Mediation Scheme – PIPD (“LSMS – PIPD”) or for non-binding Neutral Evaluation under the Law Society Neutral Evaluation Scheme – PIPD (“LSNEDS – PIPD”) respectively.
Where arrangements for the Mediation / Neutral Evaluation under LSMS – PIPD and LSNEDS – PIPD are not specified in this Addendum, the respective LSMR or LSNEDR shall apply.
For the avoidance of doubt, this Addendum is not applicable to non-PIPD 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 / LSNEDS – PIPD, they may do so by:
1.1.1. submitting a completed “Request for Mediation/Neutral Evaluation form” (“Request”) via email to adr@lawsoc.org.sg (the “Email”); and
1.1.2. paying the required non-refundable administration fee (the “Administration Fee”).
1.2. In the event the PIPD dispute is not first settled at the conclusion of the Mediation, the parties may agree to subsequently refer the dispute to be resolved by Neutral Evaluation under the LSNEDS – PIPD and the rules thereunder for the time being in force. Similarly, in the event the PIPD dispute is not first settled at the conclusion of the Neutral Evaluation, the parties may agree to refer the dispute to be resolved by Mediation under the LSMS – PIPD and the rules thereunder for the time being in force.
2. APPOINTMENT OF MEDIATOR / NEUTRAL
2.1. This section shall apply, where applicable, in place of Article 4 of the LSMS-Handbook and Rule 10 of the LSNEDS Handbook for PIPD disputes being referred to the LSMS / LSNEDS – PIPD.
2.2. The LSMS / LSNEDS PIPD Panel shall consist of a dedicated group of professionals qualified to handle Mediation and Neutral Evaluation in relation to PIPD disputes (“Mediators” and “Neutrals” respectively), and are governed by a dedicated Code of Conduct. The latest information related to the LSMS / LSNEDS PIPD Panel may be accessed via the Law Society of Singapore’s website.
2.3. After receiving the completed Request and the payment of the required Administration Fee from each party, the President of the Law Society of Singapore (the “President”) shall appoint one Mediator or one Neutral from the LSMS / LSNES PIPD Panel as soon as practicable.
2.4. Where the parties have nominated one or more Mediator(s)/Neutral(s) from the LSMS / LSNEDS PIPD 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
3.1. This section shall be applied in place of the Fees Schedule found in Part 3 of the LSMS- Handbook and Part 6 of the LSNEDS Handbook for PIPD disputes/claims referred under the LSMS/ LSNEDS – PIPD.
3.2. The fees payable by the parties to the Law Society of Singapore and the Mediator / Neutral for the time-being in force shall be as follows:-
- Non-refundable administration fee of S$200.00 per party payable at the time the Request is
- Mediation Fees as set out in paragraph 3 of the Fees Schedule.
3.3. For all mediations concerning PIPD matters, the Mediation Fees for each two-party Mediation / Neutral Evaluation, shall be as follows (“Fees Schedule”):
3.4. 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.
3.5. Mediations / neutral Evaluations may be held either in-person or via videoconference, subject to the parties’ mutual agreement, in writing. The parties shall bear the cost of hiring the premises if the mediation / neutral Evaluation is held in-person.
3.6. The Law Society of Singapore 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.
NOTES
1 These Fixed Fees (“Fixed Fees”) are for mediation / neutral evaluation sessions that are conducted between the hours of 9.30am and 6.00pm. Such fees are to be shared equally between the parties and shall be paid before the commencement of mediation/ neutral evaluation.
2 These are the hourly rates imposed upon each party for every hour, or part thereof, for sessions that continue after 6.00pm (“Hourly Rates”).
3 Fixed Fees are applicable only to two-party disputes. For every additional party participating in the mediation / neutral evaluation session, an additional fee is payable (“Additional Party Fee”). The total of the Fixed Fees and the Additional Party Fee are to be shared equally between the parties.
Mediators / Neutral Evaluators
Abdul Salim Ahmed Ibrahim
CIVIC Legal LLC
Anjalli d/o Muniandy
Jay Law Corporation
Anparasan s/o Kamachi
WhiteFern LLC
Balasubramaniam s/o Appavu
Cosmas LLC
Lin Hui Yin, Sharon
Withers KhattarWong LLP
N Srinivasan
Ho & Partners
Natverlal Deepak
Crown Juris Law LLC
Raphael Louis
Ray Louis Corporation
Renuka d/o Karuppan Chettiar
Karuppan Chettiar & Partners
Sandhu Viviene Kaur
Clifford Law LLP
Neutral Evaluators
Appoo Ramesh
Just Law LLC
Chee Hui Yen Charlene Clara
PKWA Law Practice LLC
Chua Tong Nung Edwin
Lawrence Cua Practice LLC
Constance Margreat Paglar
Ng Chong & Hue LLC
Eu Hai Meng
CIVIC Legal LLC
Frances Angeline Shanti d/o Thanarajoo
Kelvin Chia Partnership
Han Hean Juan
Han & Lu Law Chambers LLP
Khaira Akramjeet Singh
Cosmas Law LLC
Mahendra Prasad Rai
Cooma & Rai
Raj Singh Shergill
Lee Shergill LLP
Sekhon Gurdeep Singh
KSCGP Juris LLP
Subir Singh Panoo
Sim Mong Teck & Partners
Tay Boon Chong Willy
Willy Tay’s Chambers
Teo Weng Kie
Securus Legal LLC
Wee Anthony
Titanium Law Chambers LLC
Yek Nai Hui
Lawrence Chua Practice LLC
