How does mediation work in a Singapore divorce?

What mediation is

In mediation, a neutral mediator helps separating spouses talk through their differences, identify what matters to each of them and work towards solutions they can both accept. The mediator does not decide the outcome; the spouses do.

Mediation can take place before divorce proceedings start, during either stage of a divorce, or afterwards, for example when an order needs to be changed.

Mediation and counselling at the Family Justice Courts

Divorcing parents with at least one child under 21 are required to attend mediation and counselling at the Family Justice Courts. These sessions focus on the children's interests and on helping parents build a workable, lasting parenting arrangement. They are generally provided without charge.

Beyond this, the court can direct spouses to attend mediation, counselling or family support programmes if it thinks the dispute may be better resolved that way. In a divorce by mutual agreement, for example, the court can direct a couple to counselling or mediation if it thinks reconciliation may still be possible.

If the spouses reach agreement, it can be recorded as an order of court, which binds them both. If they cannot agree, the unresolved issues go on to be decided by the court.

Court mediation is separate from the co-parenting programme that parents of children under 21 must complete as part of a divorce.

Private mediation and collaborative practice

Couples can also choose mediation outside the court process. The Singapore Mediation Centre runs a family mediation scheme with mediators experienced in family matters. Private mediation is paid for by the parties, but gives them more say over timing, and sessions are confidential.

Collaborative family practice is another option. Each spouse instructs a lawyer trained in the collaborative process, and everyone commits to resolving matters without going to court. The spouses agree to share financial information openly, and negotiation happens mostly in face-to-face meetings. Discussions are confidential and cannot later be used in court. Once a settlement is reached, it can be filed with the court as a consent order.

Why mediation can help

Mediation will not suit every case, and it does not guarantee a settlement. For many couples, though, it has real advantages:

• The spouses make the decisions, rather than having them imposed by a judge
• It tends to reduce hostility and encourage better communication
• It keeps attention on the children's needs and supports co-parenting after the divorce
• Discussions stay private
• It can save time, cost and stress compared with a contested hearing

Preparing for mediation

At the ancillary matters stage, mediation often takes place after the spouses have exchanged information about their finances and the children, so it helps to have a clear picture of both. Even where some issues remain unresolved, mediation can clarify and narrow what is still in dispute, leaving less for the court to decide.

This article is general information about Singapore law, not advice on any particular case.