Provision of mediation services
Open ↗9.—(1) The Director of a Community Mediation Centre is responsible for the provision of mediation services and for the operation and management of the Centre.
(2) Each mediation session must be conducted by one or more mediators assigned for the purpose by the Director.
(3) Subject to sections 15, 15A and 15B and the Community Disputes Resolution Act 2015, a dispute must not be accepted for mediation except with the consent of the Director of a Community Mediation Centre who may decline to consent to the acceptance of any dispute for mediation under this Act at the Centre.[7/2015; 33/2018]
[Act 43 of 2024 wef 24/03/2025]
(4) A mediation session may be terminated at any time by the mediator or by the Director.
Conduct of mediation sessions
Open ↗10.—(1) The procedure for starting and conducting a mediation session at a Community Mediation Centre is to be determined by its Director.
(2) Mediation sessions must be conducted with as little formality and technicality, and with as much expedition, as possible.
(3) The rules of evidence do not apply to mediation sessions.
(4) A dispute may not be adjudicated or arbitrated upon at a mediation session.
(5) A mediation session must be conducted in the absence of the public, but persons who are not parties to a mediation session may, with the permission of the Director and the parties, be present at or participate in a mediation session.
Disputes
Open ↗11.—(1) Subject to sections 9(3), 15 and 15A and the Community Disputes Resolution Act 2015, any person may refer to a mediator of a Community Mediation Centre for mediation a case concerning a family, social or community dispute that does not involve a seizable offence under any written law.[7/2015; 33/2018]
(2) A mediation session may be started or continued whether or not the dispute is justiciable before any court, tribunal or body and whether or not the dispute is the subject of any legal proceedings.
(3) For the purposes of this Act, persons may be treated as being in dispute on any matter if they are not in agreement on the matter (whether or not any relevant negotiations are still in progress).
Mediation to be voluntary
Open ↗12.—(1) Attendance at and participation in a mediation session is voluntary.
(2) A party to a mediation session may withdraw from the mediation session at any time.
(2A) Subsections (1) and (2) do not apply to a mediation session that takes place because of a referral under any of the following provisions:(a)
section 15;
(b)
section 13M or 30 of the Community Disputes Resolution Act 2015;
(c)
section 18A of the Small Claims Tribunals Act 1984.[Act 43 of 2024 wef 24/03/2025]
(3) Attendance at, participation in or withdrawal from, a mediation session conducted under this Act does not affect any rights or remedies that a party to a dispute has apart from this Act.
Settlement or agreement to be reduced to writing
Open ↗13.—(1) The terms of any settlement or agreement reached at, or drawn up pursuant to, a mediation session must, if the mediator thinks fit, be reduced to writing and signed by or on behalf of the parties to the mediation session.
(2) No settlement or agreement is binding on the parties to a mediation session unless it has been reduced to writing with a statement signed by or on behalf of the parties to this effect.
Representation by agent
Open ↗14.—(1) A party to a mediation session is not entitled to be represented by an agent unless —(a)
it appears to the Director that —(i)
an agent should be permitted to facilitate mediation; and
(ii)
the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and
(b)
the Director so approves.
(1A) Despite subsection (1), in the case of a mediation mentioned in section 12(2A), the Director must not approve the representation of a party by an agent unless —(a)
the party authorises the agent in writing to represent the party at the mediation session and to agree on the party’s behalf to the terms of any settlement or agreement reached at, or drawn up under, the mediation session; and
(b)
the agent signifies in writing that he or she is willing to represent the party at the mediation session.[Act 43 of 2024 wef 24/03/2025]
(2) Subsection (1) does not prevent —(a)
where a body corporate is a party to a mediation session — an officer of the body corporate;
(b)
where a corporation that is a body corporate constituted under section 10A of the Land Titles (Strata) Act 1967 is a party to a mediation session — a council or committee member or its managing agent;
(c)
where a statutory body is a party to a mediation session — an officer of the statutory body; or
(d)
where a society registered under section 4 or 4A of the Societies Act 1966 is a party to a mediation session — an officer of the society as defined in section 2 of that Act,
from representing that company, corporation, body corporate or society, as the case may be.
[4/2010]
(3) Where a Director approves of the representation of a party by an agent, the approval of the Director may be given subject to any conditions that the Director considers reasonable to ensure that any other party to the mediation session is not substantially disadvantaged by the agent appearing at the mediation session and, where the Director does so, the entitlement of the agent to represent the party is subject to compliance by the agent with those conditions.
(4) This section does not apply to a claim referred to a mediator of a Community Mediation Centre under section 18A of the Small Claims Tribunals Act 1984.[33/2018]
Referral of cases by Magistrate
Open ↗15.—(1) Despite any provision of this Act or any written law, a Magistrate who receives a complaint made by a private person under section 151 of the Criminal Procedure Code 2010 may, if —(a)
the offence is one for which a summons must ordinarily issue in the first instance according to the fourth column of the First Schedule to the Criminal Procedure Code 2010; and
(b)
the Magistrate is of the opinion, from the nature of the case or the attitude of the parties or both, that the matter may more appropriately be resolved by mediation,
refer the complaint to a mediator of a Community Mediation Centre for mediation with or without the consent of both the complainant and the person complained against.
[6/2004; 15/2010]
(2) In making any referral under subsection (1), the Magistrate may order the complainant or the person complained against to attend (personally or by a representative permitted under section 14) before a mediator of a Community Mediation Centre —(a)
at a time and place to be specified in the Magistrate’s order; and
(b)
in a case where the mediation is to be conducted by electronic communication, video conference or other electronic means, at a time to be specified in the Magistrate’s order and in accordance with the electronic means specified in the Magistrate’s order.[Act 43 of 2024 wef 24/03/2025]
(3) In a referral by a Magistrate under this section, the mediator of a Community Mediation Centre must record and notify the Magistrate of the outcome of the mediation to enable the Magistrate to take any further action that the Magistrate thinks fit under the provisions of the Criminal Procedure Code 2010.
Referral of cases under Small Claims Tribunals Act 1984
Open ↗15A.—(1) Where a claim is referred by a specified person to a mediator of a Community Mediation Centre under section 18A of the Small Claims Tribunals Act 1984 —(a)
a party to the claim who is required to attend the mediation under that section may do so personally or by a representative permitted under section 23(2) of that Act; and
(b)
the mediator must record and notify the specified person of the outcome of the mediation.[33/2018]
(2) In this section, “specified person” means a tribunal or the Registrar as defined in section 2(1) of the Small Claims Tribunals Act 1984.[33/2018]
Referral of cases under Community Disputes Resolution Act 2015
Open ↗15B.—(1) Where a complaint or dispute is referred by a specified person under section 13M of the Community Disputes Resolution Act 2015 to a mediator of a Community Mediation Centre —(a)
a party to the complaint or dispute who is required to attend the mediation under section 13M of that Act may do so personally or by a representative in accordance with that section; and
(b)
the mediator must record and notify the specified person of the outcome of the mediation.
(2) Where a claim is referred by the Registrar or a tribunal judge under section 30 of the Community Disputes Resolution Act 2015 to a mediator of a Community Mediation Centre —(a)
a party to the complaint or dispute who is required to attend the mediation under section 30 of that Act may do so personally or by a representative in accordance with that section; and
(b)
the mediator must record and notify the Registrar or tribunal judge (as the case may be) of the outcome of the mediation.
(3) In this section —“Registrar” has the meaning given by section 2 of the Community Disputes Resolution Act 2015;
“specified person” means a person mentioned in section 13M(2) of the Community Disputes Resolution Act 2015;
“tribunal judge” means a District Judge designated as a tribunal judge for the Community Disputes Resolution Tribunals under section 14(1)(b) of the Community Disputes Resolution Act 2015.[Act 43 of 2024 wef 24/03/2025]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
