Going through a legal dispute, especially a Divorce, can be one of life’s most challenging experiences. Many Singaporeans think that a long, drawn-out battle in Court is their only option. However, there is another way.
The process of alternative dispute resolution offers a more peaceful, private, and often quicker way to find a solution. It is about finding common ground and moving forward, without the stress and expense of a trial.
Step 1: How the ADR Process Begins
There are essentially two main pathways into the ADR process in Singapore:
- Automatic Referral by the Court: For certain types of cases, the Court system automatically directs the dispute to ADR. If you have a personal injury claim, your case will be automatically scheduled for a brief form of Neutral Evaluation. You will receive a formal “Notice to attend Court ADR” letting you know the details of your session.
- Court-Ordered or Party-Requested ADR: For all other civil cases, a Judge may refer your case to ADR at any point in the proceedings. This often happens at a hearing called the Summons for Directions. Before this hearing, all parties must file an ADR Form, indicating their willingness to explore these options. Based on these forms, the Judge may then direct the case to mediation.
Alternatively, you and the other party can jointly agree to request ADR at any time by filing the necessary application through the eLitigation system.
Step 2: Choosing Your ADR Option
Once you are on the ADR track, you need to decide which process is right for you. While mediation is often seen as the default option because it addresses common concerns like cost and preserving relationships, other options may be more suitable depending on your priorities.
The key question to ask is: Do you want to control the outcome, or do you want someone else to decide?
- If you want to maintain control, Mediation or Conciliation are ideal. Both are confidential, fast, and aim for a win-win solution where you and the other party agree on the final terms.
- If you want an expert opinion on your case to guide your next steps, Neutral Evaluation provides an assessment from a Judge on your likely chances of success at trial.
- If you want a final, binding decision without the formality of a full trial, Arbitration allows a neutral arbitrator to make a decision that both parties must follow.
Step 3: The ADR Session and Reaching a Resolution
During the session, which is private and confidential, a neutral third party (a mediator, evaluator, or arbitrator) facilitates the discussion. You and your lawyer will present your case and explore potential solutions.
The ultimate goal is to settle. If you and the other party agree to mediation or conciliation, the dispute is resolved. This agreement can then be recorded as a legally enforceable Court Order.
If you don’t settle, the matter will proceed to a trial (or in some cases, arbitration) where a Judge will make the final decision. Importantly, the discussions you had during the ADR session remain confidential and cannot be used in Court, so you can participate openly without risk.
Conclusion About The Process Of Alternative Dispute Resolution
The process of alternative dispute resolution offers a more constructive and less adversarial way to handle legal disagreements.
It empowers you to have more control over the outcome and can save you a significant amount of time, money and emotional distress. If you are facing a family dispute or a Divorce, it is well worth exploring these options.
To find out more about how we can guide you through this process, contact Tembusu Law and speak to the best divorce lawyer in Singapore.
Frequently Asked Questions About The Process Of Alternative Dispute Resolution
What Is The Main Advantage Of Alternative Dispute Resolution Over A Court Trial?
The main advantage is that it is generally faster, cheaper, and less stressful than going to Court. It also allows for more creative and flexible solutions that can be tailored to the specific needs of the parties involved.
Is The Outcome Of Alternative Dispute Resolution Legally Binding?
The outcome of arbitration is legally binding. For mediation and conciliation, if an agreement is reached and documented in a settlement agreement, it can be made legally binding by obtaining a Court order.
Do I Need A Lawyer For The Process Of Alternative Dispute Resolution?
While it is not always mandatory to have a lawyer, it is highly recommended. A lawyer can provide you with legal advice, help you understand your rights and obligations, and represent your best interests during the process.
How Do I Know Which Type Of Alternative Dispute Resolution Is Right For Me?
The most suitable option depends on your specific circumstances. Mediation is often a good starting point as it is flexible and focuses on preserving relationships. If you need a binding decision, arbitration may be more appropriate. A lawyer can help you assess your situation and choose the best path forward.
