Mediation Success Stories: From the Contractor's Perspective
Mediation is a voluntary and confidential process through which disputants seek a practical solution to their dispute. The disputants are guided in their decision-making process by a neutral third party- themediator, who assists them in finding a solution to which both assent with regard to their different concerns.
The features of mediation are voluntary, consensual, confidential, listening, understanding problem identification, resolving dispute, will and the mediator facilitates the ways to reach a sustainable outcome.
Mediation legislation in Singapore
There has been adhoc mediation settings in Singapore until the late nineties, when institutionalised mediation settings were introduced by the enactment of several mediation related legislations.
Singapore has the following mediation legislations in place:
- Community Mediation Centres Act 1998
- Community Disputes Resolution Act 2015
- Mediation Act 2017
- Singapore Convention on Mediation Act 2020
However, there are other legislations with the requirements of mediation stipulated in those legislations.
The bulk of the disputes mediated in Singapore have been handled by the Singapore Mediation Centre (SMC) and Community Mediation Centre (CMC) since 1998 .
Motivation towards a successful resolution
In the construction industry, potential disput ants could be employers (usu ally the developer of the development), main contractors, sub-contractors, various tiers of sub-contractors, suppliers and parties affected by the development (third party).
As a starting point to prepare for mediation, it is essential to have on hand useful documents and information - which will serve the purpose of fact determination related to the dispute, rather than as evidence.
Yet, disputants are often hesitant about embarking on mediation for fear of an unsuccessful outcome. Disputants worry resorting to mediation would bring up the problem of not having the know-how to reach a settlement live-able by the disputants although the mediation is facilitated by mediator.
In this section, let us take a look at a few mediation cases that were settled illustrating the motivation facto"rs leading to their successful outcomes and instil confidence in potential participants considering mediation.