Crafting an Interests-Based Framework for Mediation Advocacy in Singapore

Abstract

Singapore has invested considerable effort in promoting mediation for dispute resolution. Nevertheless, the preference of lawyers and the general public for litigation grows unabated despite the attractive promises of mediation to improve relationships and reduce costs. This paper studies the reasons for this phenomenon which is unusual given Singaporeb s reputation for efficiency and practicality. It is proposed that a necessary change starts from equipping lawyers with a sound understanding of the mediation process and with adequate mediation advocacy skills. Underlying this is a need for coherent and consistent mediation standards to be transparently applied in the various mediation institutions. This allows clients to understand what it means to seek mediation and help them better prepare for the process. Mediation advocates and mediators would also have a better benchmark for lifting the quality of mediation practice and ensuring that potential malpractice by advocates and mediators can be readily identified and corrected.