SEAA and Law Society of Singapore encourages our SEAA members to use the Law Society of Singapore’s ADR (alternative dispute resolution) Schemes, including their Mediation and Arbitration Scheme for all disputes arising from Co-broking arrangements between Property Agencies and Property Agents.
What is Mediation?
Mediation is a private dispute resolution process where parties agree to refer their dispute to a mediator, whose role is to assist the parties in arriving at a mutually acceptable resolution of the dispute. It is often a cheaper and more efficient alternative to litigation and allows for disputing parties to preserve their relationship after the process. Although it involves a mediator who is a neutral third party to the mediation process, the mediator is not an arbiter and does not make any decisions on behalf of the parties.
The Law Society Mediation Scheme (‘LSMS’) seeks to provide disputants with an opportunity to resolve their civil disputes through mediation in a cost-effective and timely manner. It complements the existing Law Society Arbitration Scheme (‘LSAS’) and provides parties with the option of having their disputes under LSAS mediated either before or after LSAS arbitration proceedings have commenced. Any mediation settlement agreement entered into between the parties is binding, if it is in writing and signed by the parties.
For a mediation to commence under the LSMS, all parties must agree to mediate the dispute under the LSMS.
Benefits of the LSMS
• Cost and time-saving: Mediations under the LSMS are expected to be quick and efficient. The LSMS adopts a friendly fee structure for parties who are looking to arrive at a quick, cost-effective and mutually acceptable dispute resolution.
• Control over outcomes: The LSMS allows for parties to be directly involved in the decision making process. Parties are free to agree how, and in what form, they will present or inform the mediator of their case and the mediator has the freedom to conduct the mediation in any manner, with the view of facilitating the mediation of the dispute in accordance with the parties’ wishes.
• Confidentiality: Mediation sessions under the LSMS are private and confidential. All mediation communications can only be disclosed with the consent of the party who made the communication. There is no formal record or transcript of the mediation.
• Highly Professional: The LSMS panel of mediators consists of experienced, accredited practitioners with industry-specific knowledge who have satisfied the minimum criterion set out by the Law Society of Singapore.
The LSMS Panel of Mediators
Where parties mediate under the LSMS, they can only choose mediators from the LSMS Panel of Mediators (‘Panel’). All mediators from Panel are experienced lawyers who have satisfied the minimum criteria of mediator accreditation and mediation experience set by the Law Society of Singapore. The Panel is divided into the categories of ‘Senior Mediator’ and ‘Associate Mediator’.
Where the value of the claim is $250,000 and below, a Senior Mediator will be appointed from the LSMS Panel of Mediators to mediate the dispute. Where the value of the claim is above $250,000, both a Senior Mediator and an Associate Mediator will be appointed from the LSMS Panel of Mediators. The Senior Mediator shall conduct the mediation and the Associate Mediator shall assist the Senior Mediator.
For the list of mediators on the LSMS panel, please click here.
The Fees Schedule of the Law Society Mediation Rules sets out the following fees:
(a) Administration Fee of $100 (non-refundable)
(b) Mediation Fee
• Charged according to the Sum of Quantum of Claim and Counter-Claim