Overview

In civil disputes, litigating through court proceedings can be lengthy, costly and stressful. As an alternative dispute resolution procedure, parties to civil disputes may also resolve their legal disputes through mediation.

Mediation is a voluntary process during which a mediator, who is a trained and impartial third person, helps the parties in dispute to reach an amicable settlement which is responsive to their needs and acceptable to all parties.

During the process, each party to the dispute will be given an opportunity to present his/her case and to listen to the opposite party’s case. Although the mediator is not to adjudicate on the dispute or make a decision for the parties, he/she may assist the parties to explore the strengths and weaknesses of their own cases and to identify possible solutions, facilitating them to reach a settlement agreement acceptable to all parties.

Another feature of mediation is privacy and confidentiality. The mediation process must be remained confidential at all times in that no third party is to be privy to the proceedings other than the parties themselves (including their legal representatives) and the mediator. Further, under no circumstances should any matters discussed during private sessions, namely meeting between the mediator and one of the parties, be disclosed to the other party by the mediator without permission.