Part V – Alternate Dispute Resolution
11. Mediation and/or Counselling Directed by Court
12. Mandatory Counselling & Mediation
13. Counselling
13A. Family Neutral Evaluation process
13B. Confidentiality
11. Mediation and/or Counselling Directed by Court
(1) In any proceedings before the Court, it may direct that parties attend mediation and/or counselling (pursuant to section 139H, 139I or 139J of the Women’s Charter (Cap. 353) or section 26(9) of the Family Justice Act 2014 (Act 27 of 2014)) to encourage parties to resolve the matter amicably and assist parties in reaching an agreement or to narrow the issues in contention. Sub-paragraphs (2) to (10) below apply to private mediations ordered by the Court, and sub-paragraphs (11) to (19) below apply to mediations and/or counselling conducted by the Court.
(1A) It is the professional duty of advocates and solicitors to advise their clients about mediation. Mediation should be considered at the earliest possible stage in order to facilitate an amicable resolution of the dispute.
Court Ordered Private Mediation
(2) With effect from 1 January 2019, the Court will no longer conduct mediation in relation to proceedings (including divorce proceedings, applications pursuant to section 121B of the Women’s Charter (Cap. 353) and proceedings for a grant of probate or letters of administration in respect of the estate and effects of a deceased person) which meet the following criteria:
(a) there is a contested issue relating to assets where the gross value of all known assets is S$2 million or above; and
(b) there are no contested child issues (i.e. disputes relating to the custody, care and control of and/or access to any child).
(2A) With effect from 1 July 2020, the Court will no longer conduct mediation where there is an application filed in the Family Justice Courts pursuant to the International Child Abduction Act (Cap. 143C).
(3) The Registrar or the Judge may order that parties in proceedings which meet the criteria attend private mediation conducted, at parties’ election, by the Singapore Mediation Centre or the Law Society Mediation Scheme (collectively referred to as “Assigned Private Mediator(s)”), unless parties have agreed upon a mediator (“Agreed Private Mediator”). The Registrar or the Judge may also make any orders necessary, including any orders relating to the choice of mediator (if parties are unable to agree) and pertaining to the payment of the mediation and its related fees.
(4) For mediations conducted by the Assigned Private Mediator(s), the parties and/or counsel shall provide the Registrar or the Judge with the necessary information for the Assigned Private Mediator(s) to contact them to arrange for the mediation. The Registrar or the Judge will give directions and timelines for parties to agree on a mediation date and to exchange case information, documents and mediation briefs. The Registrar or the Judge will fix a return date for parties and/or counsel to update the Court on the outcome of the private mediation.
(5) For mediations conducted by the Agreed Private Mediators, the parties or their counsel shall inform the Registrar or the Judge of the identity of their Agreed Private Mediator, the management of the mediation and the agreed date for mediation. The Registrar or Judge may make any order necessary for the timely and efficacious disposal of the case, including fixing return dates for the parties or their counsel to update the court, and/or re-directing the case to the Assigned Private Mediator(s).
(6) Parties and their counsel must personally attend all mediation sessions, unless otherwise stated by the private mediator.
(7) For nullity, divorce and judicial separation proceedings in which interim judgment or judgment of judicial separation has been granted, if the dispute is resolved at private mediation, the parties and/or counsel may file the draft consent order for the Court’s approval in accordance with the requirements in Paragraph 116 of these Practice Directions. Alternatively, the parties may request to attend before the Court for the privately mediated agreement to be recorded as a consent order by the Registrar or the Judge upon confirmation of the terms by the parties and/or counsel.
(8) Where interim judgment or judgment of judicial separation has not been granted, if the dispute is resolved at private mediation, the parties and/or counsel shall inform the Court accordingly on the return date given by the Registrar or the Judge pursuant to sub-paragraphs (4) or (5) above, as the case may be, and directions will be given for the setting down of the divorce on an uncontested basis on an expedited basis.
(9) For all other proceedings not covered by sub-paragraphs (7) and (8) above, parties and/or counsel may either file the draft consent order in accordance with Paragraph 116 of these Practice Directions, or have it recorded as a consent order by the Registrar or the Judge upon the confirmation of the terms by the parties and/or counsel.
(10) If the dispute is not resolved at the private mediation, the Registrar or the Judge will give the necessary directions at the return date to enable the case to proceed accordingly.
Mediation conducted by the Court
(11) For child-related proceedings, a Family Dispute Resolution Conference (“FDR Conference”) will be called to crystallise the issues of contention. All parties together with their counsel (if any) will have to attend the FDR Conference. At the FDR Conference, directions may be given in relation to the filing and exchanging of relevant documents and/or proposals. Parties will also be directed to attend mediation and/or counselling, whichever is appropriate.
(12) For non-child related proceedings, the Registrar or the Judge may direct parties to attend mediation and/or counselling, whichever is appropriate.
(13) Counsel is not expected to attend any counselling sessions directed by the Court. However, parties and counsel must personally attend all mediation sessions.
(14) For all mediation sessions, (whether child-related or otherwise) the parties and their counsel are to prepare a Summary for Mediation in the prescribed format in Form 191 in Appendix A to these Practice Directions prior to the mediation for submission and discussion during the mediation, together with all relevant documents as may be directed by the Court.
(15) Any consensus reached during counselling sessions will be recorded as a draft agreement. A copy of the draft will be given to the parties who are advised to consult their counsel (if any).
(16) For nullity, divorce, judicial separation proceedings, where interim judgment or judgment of judicial separation has been granted, any agreement will be recorded as a consent order by the Judge-Mediator at a mediation session or any other Judge sitting as a Judge in Chambers upon confirmation of the terms by the parties and/or counsel. Where interim judgment or judgment of judicial separation has not been granted, the agreement will be formally recorded by the Judge and directions will be given for the setting down of the divorce on an uncontested basis on an expedited basis.
(17) For all other proceedings not covered by sub-paragraph (16) above, any agreement reached will be recorded as a consent order by the Judge-Mediator at a mediation session or any other Judge sitting as a Judge in Chambers upon the confirmation of the terms by the parties and/or counsel.
(18) Mediation will be conducted on a without prejudice basis. All communications made in the course of mediation will be treated in strict confidence and will not be admissible in any court unless otherwise stipulated by law. If the dispute is not resolved at the mediation session, the District Judge or Registrar will give the necessary directions to enable the case to proceed to trial, and the case will be heard by a Judge other than the District Judge or Registrar conducting the mediation.
(19) Where there is a disagreement between the parties on the terms of the agreement which were recorded at mediation, either party may write in for a clarification before the Judge-Mediator.
12. Mandatory Counselling & Mediation
(1) Section 139I(2) of the Women’s Charter (Cap. 353) provides for mandatory counselling / mediation sessions at the Family Justice Courts.
(2) Notice(s) of attendance for mandatory counselling/mediation sessions with location details will be sent to the plaintiff and defendant in the divorce proceedings. Attendance by the parties is compulsory. Attendance by the parties’ respective counsel, if any, is required only when specifically stated in the notification.
(3) Counsel and parties are required to attend a Family Dispute Resolution Conference (“FDR Conference”) for a preliminary discussion of the issues relating to the child or children of the marriage. The purpose is to crystallise the issues on matters relating to the child or children and to agree on mutually convenient dates for the parties to attend counselling / mediation. Any unresolved issue relating to the divorce (including any ancillary issues such as the question of maintenance or the division of matrimonial assets) may also be discussed.
(4) Counsel and parties are expected to come prepared to discuss all issues relating to or impacting the child or children.
(5) After the FDR Conference, the parties alone will attend an Intake and Assessment Session with their assigned Family Counsellor.
(6) Subsequent counselling sessions involving only the parties, may be fixed by the assigned Family Counsellor and the parties.
(7) A Mediation date will be given to the parties and counsel at the FDR Conference if appropriate for the case. It is important that parties attend on the dates given and use the opportunity to discuss and resolve the issues with the help of a Judge-Mediator and/or Family Counsellor. Counsel and parties are to prepare a Summary for Mediation in Form 191 in Appendix A to these Practice Directions prior to the mediation for submission and discussion during the mediation together with all relevant documents as may be directed by the Court.
(8) Any consensus reached during counselling sessions will be recorded as a draft agreement. A copy of the draft will be given to the parties who are advised to consult their counsel (if any). Where interim judgment has been granted, the agreement will be recorded as a consent order by the Judge-Mediator at a subsequent mediation session upon confirmation of the terms.
(9) Where interim judgment or judgment for judicial separation has been granted, any agreement reached by the parties at any time may be recorded as a consent order by the Judge–Mediator at a mediation session or any other Judge sitting as a Judge in Chambers upon confirmation of the terms by the parties and/or counsel. Where interim judgment or judgment of judicial separation has not been granted, the agreement will be formally recorded by the Judge and directions will be given for the setting down of the divorce on an uncontested basis on an expedited basis.
(10) Under section 139I(3) of the Women’s Charter (Cap. 353), the court may dispense with the attendance of the parties at mediation/counselling if it deems that it is not in the interest of the parties concerned to do so (e.g. where family violence has been committed or where Child Protection Services is involved in the case).
(11) Counsel should advise his/her client of the consequences of non-compliance under section 139I(5) of the Women’s Charter (Cap. 353).
(12) Mediation will be conducted on a without prejudice basis. All communications made in the course of mediation will be treated in strict confidence and will not be admissible in any court unless otherwise stipulated by law. If the dispute is not resolved at the mediation session, the District Judge or Registrar will give the necessary directions to enable the case to proceed to trial, and the case will be heard by a Judge other than the District Judge or Registrar conducting the mediation.
(13) Where there is a disagreement between the parties on the terms of the agreement which were recorded at mediation, either party may write in to court for a clarification before the Judge-Mediator.
13. Counselling
(1) The Court may direct that parties attend counselling pursuant to section 26(9) of the Family Justice Act.
(2) Counselling is conducted to help parties manage difficult emotions related to a divorce or any other familial relationship, and facilitating a parenting agreement that preserves significant relationships and supports children’s psychological adjustment to the separation. Counselling may also be directed after orders are made to assist with the emotional aspects of dealing with the outcome of the orders particularly in cases involving the relocation of a child.
(3) Counsel may attend a counselling session if the assigned counsellor considers it appropriate.
(4) The counsellor may request that the child be included in the counselling sessions, either alone or together with the parents depending on the case, if the counsellor is of the view that it would be in the interest of the child to be involved.
(5) Any request for a change or vacation of the counselling appointment shall be made at least 3 working days before the appointed date.
(6) Counselling sessions will be conducted on a without prejudice basis. Any consensus reached during counselling sessions will be recorded as a draft agreement. A copy of the draft agreement, recorded by the counsellor and signed by the parties, will be given to the parties to seek further advice from their respective counsel (if any). The draft agreement and all communications made in the course of counselling will be treated in strict confidence and shall not be admissible in any court.
13A. Family Neutral Evaluation process
FNE is an alternative dispute resolution process that is available at the Family Dispute Resolution Division (“FDR”) to parties in suitable divorce cases for contested financial issues (such as maintenance and the division of matrimonial assets). With FNE, parties will be able to obtain an early and objective evaluation of their case from a neutral evaluator with subject matter expertise (“Evaluator”). More information on the criteria for FNE and its process is set out at the Singapore Courts website at www.judiciary.gov.sg.
Recommendation for Family Neutral Evaluation (“FNE”)
(1) Pursuant to rule 22(2) of the Family Justice Rules 2014, if a Judge / mediator having conduct of a divorce case considers the case and its contested financial issues suitable for FNE, the parties will be informed of the same. The parties will usually be given 1 week to consider whether they wish to submit their financial issues for FNE. By default, FNEs are conducted on a non-binding basis. Parties may, by consent, opt for FNE to be conducted on a binding basis.
(2) If both parties agree to submit their financial issues for FNE, the parties are to file the following documents within 1 week or any other period as directed by the Court:
(a) a duly signed Joint Consent Form in Form 272 of Appendix A of these Practice Directions; and
(b) an “Other Hearing Related Request” to update the Court and seek directions for FNE.
(3) A Preliminary Conference for the FNE will be convened by the Court around 3 weeks after the filing and acceptance of the documents referred to in sub-paragraph (2). In the interim, if the parties have not filed their Affidavits of Assets and Means, they may be directed to:
(a) exchange a list of assets, liabilities, means and expenses (together with all relevant supporting documents) within 2 weeks or any other period as directed by the Court; and
(b) submit to FDR by email their respective Statements for FNE in Form 273 of Appendix A of these Practice Directions, together with all relevant supporting documents at least 3 working days before the Preliminary Conference.
Parties will be given a designated email address (“FDR Email Address”) for the submission of their statements and documents.
(4) The information and documents referred to in sub-paragraph (3)(a) are similar to the information and documents relevant to the financial issues referred for FNE that parties are required to provide in their Affidavits of Assets and Means.
Preliminary Conference
(5) Unless otherwise directed by the Court, all parties and their solicitors must attend the Preliminary Conference which will be conducted by the Evaluator.
(6) At the Preliminary Conference, the Evaluator will discuss the following matters with the parties and their solicitors:
(a) the financial issues referred for FNE;
(b) the areas of agreement and dispute;
(c) whether the FNE will be undertaken on a binding or non-binding basis;
(d) the date for the FNE session; and
(e) any other matters that will facilitate the efficient conduct of the FNE.
(7) Parties who have filed and exchanged their respective Affidavits of Assets and Means prior to the Preliminary Conference and who wish to agree upfront to a binding FNE, will be directed by the Evaluator to file the parties’ Agreement for Binding FNE in Form 275 of Appendix A of these Practice Directions before the FNE session is scheduled.
(8) The Evaluator may give all necessary directions to facilitate the resolution of the case, including directions on submission of the following documents:
(a) each party’s further documents relevant or material to the FNE;
(b) parties’ Joint Statement for FNE in Form 274 of Appendix A of these Practice Directions or any other joint summary, at least 3 working days before the FNE session; and
(c) parties’ respective written submissions including case authorities.
All parties’ statements, summaries, documents, and submissions for FNE are to be sent by email to the FDR Email Address and are not to be filed in the Electronic Filing Service.
(9) At any stage of the FNE process, the Evaluator shall have the discretion to decline the conduct of FNE for a case in respect of any or all of its referred financial issues if the Evaluator is of the view that the case and / or the issue(s) are not suitable or have become unsuitable for FNE.
FNE session
(10) Unless otherwise directed, all parties shall attend the FNE session together with their solicitors. The solicitors having primary conduct over the case shall be present throughout the FNE session.
(11) The FNE session will usually be fixed for half a day. Depending on its complexity, the Evaluator may schedule more than one FNE session to complete the evaluation of a case.
(12) At the FNE session(s), the parties and their solicitors shall present their respective positions and supporting evidence to one another and the Evaluator. Rules of evidence do not apply in this process and cross-examination will generally not take place. The Evaluator may, at any time during the FNE session, ask questions to probe or clarify any submission or evidence presented by the parties. After all presentations and clarifications have been made, the Evaluator will give an evaluation of the relative merits of each party’s case and the likely outcome if it goes to trial.
(13) If the parties have entered into an Agreement for Binding FNE, they will be required to prepare a draft consent order to give effect to the Evaluator’s evaluation and to submit the same to the Court for consideration and recording of a consent order. If the FNE was conducted on a non-binding basis, the parties will be expected to use the Evaluator’s evaluation in their negotiations towards a settlement of their dispute.
Post-FNE Case Conference
(14) For the purpose of case management, a case conference (“Post-FNE Case Conference”) will be fixed around 1 week after the delivery of the Evaluator’s evaluation. Unless otherwise directed, all parties shall attend the Post-FNE Case Conference together with their solicitors.
(15) If the parties are able to arrive at a settlement at or before the Post-FNE Case Conference, parties may record a consent order at the conference.
(16) In the event that the parties are unable to resolve their dispute, the Evaluator will give such directions as he or she thinks fit, to facilitate the resolution of the case.
(17) If the parties have not previously attended mediation for their contested financial issues, the Evaluator may recommend that parties attend mediation at FDR to explore ways to resolve their dispute amicably and / or narrow the issues in contention. The results of the FNE may be made available by the Evaluator to the mediator for this purpose.
13B. Confidentiality
(1) Subject to sub-paragraph (2), the following shall be confidential and treated as “without prejudice” and shall not be disclosed to (or used as evidence in proceedings before) the Court dealing with any of the ancillary matters of the parties or in any other proceedings:
(a) all communications made by the parties and the Evaluator during the FNE, including the Evaluator’s evaluation; and
(b) all documents and materials prepared, submitted and / or exchanged in the course of and for the FNE.
(2) To avoid doubt, the following shall not be confidential:
(a) the parties’ Agreement for Binding FNE (if any);
(b) the Evaluator’s written evaluation (only when parties have entered into an Agreement for Binding FNE);
(c) directions given by the Evaluator / Judge after the conclusion of the FNE for the purpose of case management (including directions for the filing and exchange of affidavits); and
(d) documents and materials prepared, submitted and / or exchanged in the course of and for the FNE that would in any event have been subject to discovery in other proceedings.
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