Mediation in the Singapore Family Justice Courts: Examining the mandatory mediation model under the judge-led approach

• Main Author: CHUA, Eunice
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2019
• Subjects: Mandatory mediation; Family mediation; Court-based mediation; Singapore Family Justice Courts; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/2892; https://ink.library.smu.edu.sg/context/sol_research/article/4850/viewcontent/Mediation_in_the_Singapore_Family_Justice_Courts___Impact_of_Judge_Led_Approach__Final___revised_.pdf
• Institution: Singapore Management University

In orderto reduce acrimony and the adversarial quality of family litigation, theSingapore family justice framework went through an overhaul in 2014. Chiefamong the changes was the creation of the Family Justice Rules (“FJR”) uniqueto the newly constituted Family Justice Courts. The FJR are meant to reflect anew judicial philosophy for family law disputes, with a “judge-led” approachmandated by Rule 22 of the FJR. As part of the directions a court may give inthe exercise of this “judge-led” approach, Rule 22(3)(a) introduces a new,express power for the court to direct that parties attend mediation orcounselling. This paper seeks to examine the impact of the judge-led approach onmediation in the Family Justice Courts. How and when is the judge to exercisethe power under Rule 22(3)(a) to mandate mediation or counselling? What wouldthe relevant factors for consideration be? Is the judge the best person to makethe call? What would be the role of counsel in assisting the judge to make thisdecision? Drawing from academic literature and practices in otherjurisdictions, this paper makes recommendations to guide family judges inexercising their power under Rule 22(3)(a) and considers future areas forresearch.