Not every dispute needs a trial. Court proceedings are public and may be costly, and they tend to end relationships. For many disputes there is a better route.
Yeo Marini Law Corporation advises on the full range of dispute resolution options in Singapore. The firm was included in the Straits Times Best Law Firms 2024 under Arbitration and Dispute Resolution.
Negotiation
The cheapest resolution is the one reached directly. A well-framed position letter that sets out the case, identifies the evidence and proposes terms resolves a substantial proportion of disputes without any formal process at all.
Under the Rules of Court 2021 parties are in any event expected to consider amicable resolution before proceedings, and a refusal to engage can affect costs later.
Mediation
Mediation is a confidential, without prejudice process in which a neutral mediator helps the parties reach their own settlement. The mediator does not decide anything.
It suits disputes where:
- The parties have an ongoing relationship worth preserving, whether commercial or family
- The value in dispute is disproportionate to the cost of trial
- Confidentiality matters
- A commercial outcome is available that a court could not order
Mediation is available through bodies including the Singapore Mediation Centre and, for community disputes, the Community Mediation Centre. Family matters may be referred for mediation and counselling within the Family Justice Courts process.
A settlement reached at mediation can generally be recorded so that it is enforceable.
Drafting the clause in the first place
Many disputes about how to resolve a dispute arise from a poorly drafted clause. We advise on dispute resolution clauses when drafting commercial contracts, which is considerably cheaper than arguing about them later.
Common questions
What is mediation?
Mediation is a confidential, without prejudice process in which a neutral mediator helps the parties reach their own settlement. The mediator does not decide anything. A settlement reached at mediation can generally be recorded so that it is enforceable.
When does mediation make sense?
Where the parties have an ongoing relationship worth preserving, where the value in dispute is disproportionate to the cost of trial, where confidentiality matters, or where a commercial outcome is available that a court could not order.
Do I have to try settling before going to court?
Under the Rules of Court 2021 parties are expected to consider amicable resolution before proceedings, and a refusal to engage can affect costs later.
Speaking to us
Nothing on this page is legal advice for your situation, and contacting us does not by itself create a solicitor and client relationship. To discuss a dispute, contact us by telephone, email or WhatsApp. You may also wish to read about our other practice areas or meet our team.