SAGE MEDIATION FAQs

Parties who have engaged in extensive negotiations often find it difficult to look at the issues from a different angle. A neutral perspective often helps shine a new light. The mediator can draw on his/her experiences to skillfully nudge parties over negotiation roadblocks and help them consider novel possibilities.

Victory in litigation or arbitration can be likely but it is never a certainty. Even assuming that one succeeds in obtaining a judgment in one’s favour, there is a strong likelihood that the other party may appeal or may find ways to resist or delay performance. The victory in court will always be bittersweet.

If one has a strong case, this will come through during the mediation and the mediation becomes an ideal platform to shape a settlement that fully addresses your key concerns.

With confidence of victory there is little to lose by initiating mediation.

Mediation is the only dispute resolution process involving a neutral where an apology or an express acknowledgement of responsibility can be part of the outcome. Having this apology or acknowledgment can be more satisfying than the court judgement. Mediation encourages principled negotiation whereas litigation and arbitration can often be won or loss on procedural rules rather than substantive merits.

Mediation costs are very low compared to litigation and arbitration. For parties in genuine financial need, many mediators, including those at Sage, are prepared to assist.

In Singapore, parties may choose to have the settlement agreement converted into a court order. If it was a cross-border dispute, using the arbitration-mediation-arbitration protocol would also enable parties to convert the agreement into an arbitration award.

90% of settlement agreements are fully performed because both sides see benefit in having the obligations performed.

The best formula to ensure that the other party abides by the settlement agreement is by abiding by it yourself and by ensuring that it is clearly in the other parties’ interests to perform the agreed obligations.

Be satisfied that the mediator has relevant conflict management and technical skills for the dispute and would be able to understand your cultural context and that of the other party. Make sure there are no conflicts of interest. Try to find videos of the mediator speaking so that you know you can understand his/her style of communicating.

Finding mediators who have independent accreditation with reputable agencies such as the Singapore International Mediation Institute (SIMI) is a first step. You could also speak to other dispute resolution practitioners to seek recommendations and verify referrals.

Yes! Sage Mediation encourages the use of Team Mediation where at least 2 mediators are engaged for each dispute.

In most domestic mediations, 1 mediator suffices. However, if a mediation becomes complicated because parties are from different jurisdictions or there are multiple parties or multiple issues, having 2 mediators can help add more skills and insights.

It is also common for more than one mediator to be engaged if the dispute involves complicated technical matters. For example in medical disputes, it can be useful to have a doctor who’s familiar with mediation help decode medical jargon; in mega-infrastructure disputes, an engineer can also help the mediator better understand the background systems and processes.

In high stakes mediations, it is useful to hire a competent mediation advocate or advisor. This means a professional who knows how to assist your negotiations at a mediation.

Hiring an aggressive litigator is often not the best choice for a mediation. You would want someone who is able to help you better understand what your true concerns are and whether there can be more than 1 way to address those concerns. He/she should be able to craft a mediation strategy that prepares you not only for your own presentation but for you to have the appropriate responses to the other party’s suggestions. He/she should also be able to assist you during the mediation especially where you find it difficult to communicate with the other party, perhaps because you struggle to control your emotions on certain issues.

Initiating mediation is a signal of the desire to cease an attritive and protracted fight in which there can be no real winners. It is an invitation to the other party to consider longer term interests where both sides can try to achieve a faster closure and focus precious resources on other important things in life. When you know you have a strong case, chances are, the other side recognises this too even if he/she does not want to admit it. Initiating mediation becomes an opportunity to demonstrate your confidence.

You can work with the mediation centre to make a joint invitation to mediate so the initiation did not come from you.

Firstly, find a mediator who can speak a language that all parties can understand. Otherwise, you may wish to go to a mediation centre that can help you to arrange for an interpreter.

Secondly, you should also check with the mediator if he/she has conducted mediations involving parties from that jurisdiction. It is often useful to give the mediator a call and to ask him/her to outline to you his/her approach to mediation so you know if it sits well with you, and if he/she truly appreciates the negotiation and mediation culture of the other party.