Divorce Mediation in Singapore

What is Divorce Mediation?

Divorce mediation is a voluntary process where divorcing couples work with a neutral third-party mediator to resolve their disputes outside of court. The mediator helps facilitate discussions and negotiations to reach mutually acceptable agreements on issues such as property division, child custody, and maintenance.

Types of Mediation in Singapore

Court-Ordered Mediation

The Family Justice Courts may order mediation for certain disputes, particularly those involving children. This is typically conducted at the Family Justice Courts by trained mediators.

• Mandatory for certain child-related disputes
• Conducted by court-appointed mediators
• Lower cost compared to private mediation
• Limited time allocation per session

Private Mediation

Couples can choose to engage private mediators before or during divorce proceedings. This offers more flexibility and control over the process.

• Choice of mediator
• Flexible scheduling
• More time for complex issues
• Higher cost but greater customization

The Mediation Process

Step 1: Initial Assessment

The mediator meets with both parties to assess whether mediation is suitable for their situation and explain the process.

Step 2: Ground Rules

Establishing guidelines for the mediation process, including:

• Confidentiality agreements
• Communication protocols
• Information sharing requirements
• Decision-making procedures

Step 3: Information Gathering

Both parties provide relevant information and documents, including:

• Financial statements
• Property valuations
• Children's needs assessments
• Income documentation

Step 4: Issue Identification

The mediator helps identify and prioritize the issues that need to be resolved:

• Property and asset division
• Child custody and access
• Spousal and child maintenance
• Other ancillary matters

Step 5: Negotiation and Problem-Solving

The mediator facilitates discussions to help parties find mutually acceptable solutions:

• Exploring options and alternatives
• Addressing concerns and interests
• Finding creative solutions
• Building consensus

Step 6: Agreement Documentation

Once agreements are reached, they are documented in writing:

• Detailed settlement terms
• Implementation timelines
• Contingency provisions
• Review mechanisms

Benefits of Divorce Mediation

When Mediation May Not Be Suitable

Domestic Violence

Mediation is generally not recommended when there's a history of domestic violence or abuse, as it may not provide adequate protection for the victim.

Significant Power Imbalances

When one party has significantly more power, knowledge, or resources, mediation may not result in fair outcomes.

Mental Health Issues

Severe mental health problems or substance abuse may impair a party's ability to participate effectively in mediation.

Unwillingness to Compromise

If one or both parties are unwilling to negotiate in good faith, mediation is unlikely to be successful.

Mediation vs Litigation Comparison

Choosing a Mediator

Qualifications to Look For

• Legal background in family law
• Mediation training and certification
• Experience with divorce cases
• Understanding of Singapore family law
• Cultural sensitivity

Questions to Ask Potential Mediators

• What is your experience with divorce mediation?
• What is your success rate?
• How do you handle power imbalances?
• What are your fees and payment structure?
• How long does the process typically take?

Preparing for Mediation

Document Preparation

• Financial statements and tax returns
• Property valuations and appraisals
• Bank statements and investment records
• Employment and income documentation
• Children's school and medical records

Mental Preparation

• Identify your priorities and interests
• Consider your spouse's perspective
• Prepare to compromise
• Focus on future rather than past grievances
• Consider the children's best interests

Making Mediation Successful

Best Practices

• Come prepared with necessary documents
• Listen actively to your spouse's concerns
• Focus on interests rather than positions
• Be willing to explore creative solutions
• Maintain respect and civility
• Consider long-term implications

Common Pitfalls to Avoid

• Bringing up past grievances
• Making unrealistic demands
• Refusing to compromise
• Hiding information or assets
• Using children as leverage
• Letting emotions drive decisions

After Mediation

If Agreement is Reached

When mediation is successful, the agreement needs to be formalized:

• Draft comprehensive settlement agreement
• Review with independent legal counsel
• File consent order with court
• Implement agreed terms

If Mediation Fails

If mediation doesn't result in agreement, parties can:

• Try mediation again with a different mediator
• Proceed with litigation
• Explore collaborative divorce
• Seek arbitration