Mediation Act 2017

• Jurisdiction: Singapore
• Coming into Force: 01 November 2017
• Record Number: Act 1 of 2017

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

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NO. 26] Friday, May 12 [2017

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The following Act was passed by Parliament on 10 January 2017 and assented to by the President on 3 February 2017:—

Mediation Act 2017

(No. 1 of 2017)

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I assent.

TONY TAN KENG YAM, President. 3 February 2017.

Date of Commencement: 1 November 2017 Sections 2 to 15, 17, 18 and 19

An Act to promote, encourage and facilitate the resolution of disputes by mediation and for connected purposes, and to make consequential and related amendments to certain other Acts.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act is the Mediation Act 2017 and comes into operation on a date that the Minister appoints by notification in the Gazette.

General interpretation

2.—(1) In this Act, unless the context otherwise requires — “approved certification scheme” means an accreditation or a certification scheme designated as an approved certification scheme under section 7; “certified mediator” means a mediator who is certified under an approved certification scheme; “designated mediation service provider” means a mediation service provider designated under section 7; “mediated settlement agreement”, in relation to a mediation, means an agreement by some or all of the parties to the mediation settling the whole or part of the dispute to which the mediation relates; “mediation agreement” means a mediation agreement described in section 4; “mediation communication”, in relation to a mediation, means — (a) anything said or done; (b) any document prepared; or (c) any information provided, for the purposes of or in the course of the mediation, and includes a mediation agreement or mediated settlement agreement; “mediation institution” means a body or an organisation that administers an accreditation or a certification scheme for mediators; “mediation service provider” means a body or an organisation that provides services for the conduct of mediation and has in place procedures or rules to govern the conduct of mediation; “mediator” means an individual who is appointed to be a mediator for a mediation; “party to a mediation” means any party to the whole or part of a dispute that is referred for mediation, but does not include any mediator conducting the mediation; “third party”, in relation to a mediation, means a person who is — (a) not a party to the mediation; (b) not a mediator for the mediation; and (c) not a mediation service provider. (2) Where more than one mediator is appointed for a mediation, a reference to a mediator under this Act is a reference to all the mediators for the mediation.

Meaning of “mediation”

3.—(1) In this Act, “mediation” means a process comprising one or more sessions in which one or more mediators assist the parties to a dispute to do all or any of the following with a view to facilitating the resolution of the whole or part of the dispute: (a) identify the issues in dispute; (b) explore and generate options; (c) communicate with one another; (d) voluntarily reach an agreement. (2) For the purposes of subsection (1), a session is a meeting between the mediator, or one or more mediators (where more than one mediator is appointed for a mediation), and one or more of the parties to the dispute, and includes any activity undertaken (whether by a mediator, a party to the dispute or some other person) — (a) to arrange or prepare for such a meeting, whether or not the meeting takes place; and (b) to follow up on any matter or issue raised in such a meeting. (3) For the purposes of subsection (2), a meeting includes a meeting conducted by electronic communication, video conferencing or other electronic means. (4) In this section — “data message” means information generated, sent, received or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex or telecopy; “electronic communication” means any communication that is made by means of data messages.

Meaning and form of “mediation agreement”

4.—(1) In this Act, “mediation agreement” means an agreement by 2 or more persons to refer the whole or part of a dispute which has arisen, or which may arise, between them for mediation. (2) A mediation agreement may be in the form of a clause in a contract or in the form of a separate agreement. (3) A mediation agreement must be in writing. (4) A mediation agreement is in writing if its content is recorded in any form, whether or not the mediation agreement has been concluded orally, by conduct or by other means. (5) A reference in a contract to any document containing a mediation clause constitutes a mediation agreement in writing if the reference is such as to make that clause part of the contract. (6) A reference in a bill of lading to a charterparty or any other document containing a mediation clause constitutes a mediation agreement in writing if the reference is such as to make that clause part of the bill of lading.

Act binds Government

5. This Act binds the Government.

Application of Act

6.—(1) Subject to subsections (2), (2A), (3) and (4), this Act applies to, or in relation to, any mediation conducted under a mediation agreement where — (a) the mediation is wholly or partly conducted in Singapore; or (b) the agreement provides that this Act or the law of Singapore is to apply to the mediation. [Act 4 of 2020 wef 12/09/2020] (2) This Act does not apply to, or in relation to, the following: (a) any mediation or conciliation proceeding, process, scheme or framework conducted under, or provided by or under, any written law; (b) unless otherwise provided in an order under subsection (3), any mediation conducted by, or under a direction by, a court; (c) subject to subsection (4), any mediation or conciliation proceeding, process, scheme or framework, or any class of mediation or conciliation proceedings, processes, schemes or frameworks, not falling under paragraph (a) or (b), which is excluded in an order under that subsection. (2A) Subsection (2)(a) does not preclude — (a) an international settlement agreement as defined in section 2(1) of the Singapore Convention on Mediation Act 2020 (called in this subsection an international settlement agreement) from being a mediated settlement agreement to which this Act applies if, apart from subsection (2)(a), the international settlement agreement would qualify as such; or (b) an international settlement agreement that is also a mediated settlement agreement to which this Act applies from being recorded as an order of court under this Act if the international settlement agreement has not been recorded as an order of court under section 5 of the Singapore Convention on Mediation Act 2020. [Act 4 of 2020 wef 12/09/2020] (3) The Minister may, after consulting the Chief Justice, by order in the Gazette, extend all or any of the provisions of this Act to apply to, or in relation to, any mediation described in subsection (2)(b), and in the order make such saving or transitional provisions consequent on the extension as may be necessary or expedient. (4) The Minister may, by order in the Gazette, exclude from the application of all or any of the provisions of this Act — (a) the whole or any part of any mediation or conciliation proceeding, process, scheme or framework described in subsection (2)(c); or (b) any class of mediation or conciliation proceedings, processes, schemes or frameworks described in subsection (2)(c). (5) All orders made under subsections (3) and (4) are to be presented to Parliament as soon as possible after publication in the Gazette.

Designation of mediation service provider and approved certification scheme

7.—(1) The Minister may, subject to such terms and conditions as the Minister thinks fit to impose — (a) designate any mediation service provider to be a designated mediation service provider for the purposes of this Act; and (b) designate any accreditation or certification scheme administered by a mediation institution to be an approved certification scheme for the purposes of this Act. (2) Notice of every designation must be published in the Gazette.

Stay of court proceedings

8.—(1) Where any party to a mediation agreement institutes any proceedings before a court against any other party to that agreement in respect of any matter which is the subject of that agreement, any party to that agreement may apply to that court to stay the proceedings so far as the proceedings relate to that matter. (2) The court hearing the application may make an order, upon such terms or conditions as the court thinks fit, staying the proceedings so far as the proceedings relate to the matter. (3) The court may, in making an order under subsection (2), make such interim or supplementary orders as the court thinks fit for the purpose of preserving the rights of the parties. (4) For the purposes of this section, a reference to a party includes a reference to any person claiming through or under such party.

Restrictions on disclosure

9.—(1) Subject to subsections (2) and (3), a person must not disclose any mediation communication relating to a mediation to any third party to the mediation. (2) A person may disclose a mediation communication to a third party to the mediation if — (a) the disclosure is made with the consent of — (i) all the parties to the mediation; and (ii) for a mediation communication that is made by a person other than a party to the mediation, the maker of the mediation communication; (b) the content of the mediation communication is information that has already been made available to the public at the time of its disclosure, other than information that is only in the public domain due to an unlawful disclosure; (c) there are reasonable grounds to believe that the disclosure is necessary to prevent or minimise — (i) the danger of injury to any person; or (ii) the abuse, neglect, abandonment or exploitation of any child or young person (within the meaning of the Children and

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