A coming of age for mediation in Singapore? Mediation Act 2016

• Main Author: QUEK ANDERSON, Dorcas
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2017
• Subjects: Mediation Act; Singapore; Confidentiality; Without Prejudice; Enforceability; Mediated Settlement Agreements; Stay of Proceedings Pending Mediation; Asian Studies; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/2340; https://ink.library.smu.edu.sg/context/sol_research/article/4297/viewcontent/Mediation_Act_Comment_Dorcas_Quek_Anderson_.pdf
• Institution: Singapore Management University

The Mediation Act 2016 was recently passed by the Singapore Parliament and is soon to come into operation. This legislative comment compares the Act’s key provisions to the common law principles concerning confidentiality and admissibility, enforcement of mediated settlement agreements and stay of proceedings pending mediation. It argues that the Act has refined the common law in certain areas, but has brought about greater uncertainty in other aspects. It also discusses how the major provisions are likely to be applied by the court in light of similar developments in other jurisdictions.