Mediation and Arbitration – alternative to Litigation ?
Sep 1st, 2008 | By Han Lee Yen | Category: Business LawIt is known that so much money and time are spent in trying to settle disputes though litigation process. Whenever there are disputes between two parties ( including business entities ), should the parties resort to sueing each other? Well , the parties should consider an arbitration or mediation process instead.
In an arbitration, the arbitrator looks into the legal rights and wrongs of a dispute and makes a decision. Once the arbitrator has arrived at a decision, it is binding on parties whether they agree with it or not. It is very much like the way a court case is decided by a judge, except that the process does not take place in a court room, and it is not open to the public. As in a court case, there is usually a winning and a losing party in an arbitration.
In a mediation, the mediator, essentially, helps parties to settle their disputes by a process of discussion and narrowing differences. The mediator helps the parties to arrive at an agreed solution. He does not decide the dispute. A successful mediation results in an agreement signed by the parties, whereas a contested arbitration results in a decision by the arbitrator himself without the agreement of the parties. In a mediation, there is no such thing as a winning or losing party, because there is no binding decision without both parties agreeing to one.
The Singapore International Arbitration Centre handles arbitration cases in Singapore. Mediation is managed by the Singapore Mediation Centre.
1) Singapore International Arbitration Centre
Generally, arbitration can also be more cost-efficient and speedier than court litigation.
Singapore International Arbitration Centre, is a non-profit organisation affiliated with the Singapore Business Federation.
Usually through mediation it saves legal costs, saves time and the case are resolved faster, and provide more opportunities to explore options and develop creative and pragmatic solutions. Other benefits through mediation are improves relationships, privacy and confidentiality, and without prejudice to other dispute resolution process.
Singapore Mediation Centre , a non-profit organisation supported by the Ministry of Law, provide mediation and other alternative resolution (”ADR”) services. It was given support from the Singapore Judiciary, as reflected in some cases that were reffered for mediation by the High Court. �
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