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LIFE&FAMILY
152
April15
Tell us about the recent changes to the mediation and
divorce processes.
In the past, the approach to resolving marital disputes in the
Singapore courts was mainly adversarial. With respect to court-
mandated mediation, the focus was on child-related issues such as
custody, visitation rights and maintenance.
One recent change introduced by the Singapore courts is
mandatory counselling for all couples with children. This aims to
ensure that the best interests of the children remain the primary
consideration of all parties during the divorce process.
Further, the move towards a judge-led approach to divorce
proceedings will ensure that the court can direct the proceedings,
and focus the parties on the relevant ancillary issues rather than using
the divorce proceedings as a “tool” in the battle between the parties.
Why are these changes beneficial?
The parties will no longer be able to prolong, or distort, the legal
proceedings for the sole purpose of acting in contempt against the
other party. As emotions run high, the perceptions even of individuals
with the best of intentions can become clouded, and they may act
against the best interests of themselves and their children.
What is your role as an accredited mediator?
As both an accredited Singapore Mediation Centre and Alternative
Dispute Resolution (ADR) Group (UK) mediator, I manage the
process, which is an interest-based approach to dealing with marital
disputes. Like the collaborative approach, if successful, mediation
lead to a Settlement Agreement, which can be used as the basis for
the terms of the divorce. The parties then obtain the divorce in the
most expedient and efficient manner. This inevitably saves on legal
costs and minimises acrimony.
Talk us through the process and the different
types of mediation.
There are two types: court-mandated mediation and
private mediation. Court-mandated mediation is
ordered by the court as part of the divorce proceedings
and usually focuses on child-related issues such as
maintenance, custody and visitation rights.
Private mediation is an avenue for the parties to
resolve all issues, including “soft issues” such as the
children’s diet and participation in extra-curricular
activities. A session would usually last a single day and
is attended by the parties and the mediator. A party
may bring another person, with the consent of both
parties, if they require emotional support through the
mediation process. Parties can also bring lawyers or
have time to call their lawyers to obtain advice.
Mediation is particularly useful when the dispute
involves another person with whom a party needs
to remain on good terms. Highly contested legal
proceedings may polarise and ultimately ruin
relationships. Mediation can resolve a dispute without
destroying a relationship. In comparison with legal
action, private mediation is quicker, more private, fairer
and less expensive.
What is your approach?
The first thing we ask is whether the parties have
attempted reconciliation, or whether reconciliation
is or may be possible. Secondly, we always try to
refer parties to counsellors, because the mediation
process is smoother if adults or children have this
support. Thirdly, we ascertain whether they are open
to mediation. Generally, one party agrees. Then we
contact the other party to see if they are interested
in mediation. If they are, we suggest two alternatives:
private mediation in our office, or at the Singapore
Mediation Centre. Next, we prepare the parties through
pre-mediation sessions; and finally, we conduct the
mediation.
Consilium Law Corporation is at 1 Scotts Road,
#16-02 Shaw Centre.
6235 2700 | consiliumlaw.com.sg
Mediating a Solution
There are ways to resolve the breakdown of a relationship
without destroying everything. FRANCA CIAMBELLA
from
Consilium Law Corporation
answered our
questions about the process of mediation.