How should the courts know whether a dispute is ready and suitable for mediation? An empirical analysis of the Singapore Courts’ referral of civil disputes to mediation
Abstract
In line withinternational developments in court-connected mediation, the Singapore courtshave strongly supported the use of mediation and have taken steps to encouragelitigants to attempt mediation. This article features the very first empiricalanalysis of the Singapore courts’ referral of civil cases to mediation. Althoughfocused on Singapore, the results of the study also inform the referralpolicies of other judiciaries that similarly engage in the practice ofreferring cases for mediation. The study uses a rigorous method to shed lighton the crucial factors to be considered by the courts in referral practice anddesigning of mediation programs. The research demonstrates that the timing ofreferral, the stage of referral and the level of contentiousness between thedisputants collectively exert a significant influence on the likelihood ofsettlement at mediation. These variables are also likely to have an impact onthe participants’ perception of mediation success. The quantum of claim emergesas a significant factor as well. Other key variables are more closely relatedto the mediation process, such as the time taken to complete the mediation andwhether the mediator has legal training. The study shows that the courts’ referralpractices have to be informed by a nuanced assessment of all these factorsrather than being focused on timing and stage of referral.