Divorce does not always have to involve prolonged conflict or contested court proceedings. Divorce mediation gives separating spouses an opportunity to discuss their differences with the assistance of a neutral mediator and work towards practical solutions that both parties can agree on.
In Singapore, mediation plays an important role in the family justice process. It can help couples address issues involving their children, maintenance and matrimonial assets, while allowing parties greater involvement and flexibility in shaping the arrangements that will affect their family after divorce.
For some couples mediation can also help to reduce the time, cost and emotional strain associated with contested proceedings.
- Mediation encourages agreement – A neutral mediator helps spouses explore possible solutions.
- Several issues can be mediated – Including children, maintenance and matrimonial assets.
- Children remain important – Parenting arrangements can be discussed with their welfare in focus.
- Discussions are confidential – Mediation provides a private setting to explore settlement.
- Agreement can avoid litigation – Settled issues may be recorded as court orders.
- Legal advice remains important – A lawyer can advise you on your rights and proposed settlement terms.
– What Is Mediation?
– What Can Be Mediated?
– Benefits
– Mediation for Children
– FJC Mediation
– Mediation Required for Children?
– Mediation Confidentiality
– Reaching Agreement
– If Mediation Fails
– Therapeutic Justice
– Private Mediation
– Mediation vs Collaboration
– Is It Right for Me?
– A New Approach to Divorce
– Considering Mediation?
– What Is Mediation?
– What Can Be Mediated?
– Benefits
– Mediation for Children
– FJC Mediation
– Mediation Required for Children?
– Mediation Confidentiality
– Reaching Agreement
– If Mediation Fails
– Therapeutic Justice
– Private Mediation
– Mediation vs Collaboration
– Is It Right for Me?
– A New Approach to Divorce
– Considering Mediation?
What Is Divorce Mediation?
Divorce mediation is a process in which a neutral mediator helps separating spouses communicate, identify the issues in dispute and explore mutually acceptable solutions.
The mediator does not decide who is right or wrong and does not impose an outcome on the parties. Instead, the mediator guides discussions and helps both spouses explore whether they can reach an agreement themselves.
This is different from a contested court hearing, where each spouse presents their case and a judge makes the final decision on the issues they cannot agree on.
What Issues Can Be Resolved Through Divorce Mediation?
Mediation can potentially be used to resolve some or all of the issues arising from a divorce, including:
- The particulars for the divorce itself;
- custody, care and control and access arrangements;
- parenting arrangements;
- child maintenance;
- spousal maintenance;
- the matrimonial home; and
- the division of matrimonial assets.
The issues that need to be addressed will depend on the circumstances of the marriage.
Importantly, parties do not necessarily have to agree on everything at once. Even where mediation resolves only some of the disputed issues, narrowing the areas of disagreement may make the remaining divorce proceedings more manageable.
What Are the Benefits of Divorce Mediation?
One of the main differences between mediation and litigation is that both spouses have a direct say in finding solutions, rather than leaving every disputed issue for the court to decide.
Mediation may help couples:
- communicate in a structured environment;
- identify the issues that genuinely need to be resolved;
- explore practical settlement options;
- reduce unnecessary conflict;
- retain greater control over the arrangements reached;
- focus on the needs of their children;
- reduce the time and legal costs associated with contested proceedings; and
- preserve a more workable relationship where ongoing co-parenting is required.
Choosing mediation does not mean giving up your legal rights. Each party should understand their legal rights and options before deciding whether a proposed settlement is fair and reasonable in their circumstances.
How Can Mediation Help When Children Are Involved?
Divorce changes the relationship between spouses, but where there are children, parents will usually still need to communicate and make decisions together about their children’s lives.
Mediation can help parents work through practical questions and discuss practical arrangements for their children, including:
- where the children will live;
- day-to-day care;
- access arrangements;
- weekends and school holidays;
- education and healthcare;
- overseas travel; and
- how important parenting decisions will be made.
The objective is not simply to resolve the immediate disagreement, but to put arrangements in place that are practical, sustainable and in the children’s best interests.
Where parents can reach agreement, the arrangements may be incorporated into the court orders made as part of the divorce.
Read more: Impact of Divorce on Children
How Does Mediation Work in the Family Justice Courts?
The Family Dispute Resolution (FDR) Division of the Family Justice Courts provides mediation to help parties work towards resolving their family disputes without having every issue decided at a contested hearing.
Mediation may be conducted by specially appointed judges, staff family mediators or volunteer legal professionals.
Depending on the case, mediation may take place in person or by video conference.
Parties can participate in mediation with or without lawyers. Where lawyers are involved, they can help their clients prepare for the discussions, understand their legal rights and consider whether the proposed settlement terms are appropriate.
Is Mediation Required When Children Are Involved?
For divorce cases involving at least one child aged 21 or below, where the parties have not agreed on child or parenting matters, the parties will generally participate in the Family Dispute Resolution process.
This may involve both mediation and counselling, with the aim of helping parents resolve disagreements and narrow the issues relating to matters such as:
- the divorce;
- the children’s living and care arrangements;
- maintenance; and
- matrimonial property and assets.
Parents are encouraged to consider how the divorce affects their children and to prioritise their children’s welfare when discussing future arrangements.
Are Mediation Discussions Confidential?
Yes. Discussions and proposals made during mediation at the Family Dispute Resolution Division are confidential and cannot be used as evidence if the case subsequently proceeds to a hearing.
This confidentiality encourages both spouses to discuss possible solutions openly. They can consider compromises without worrying that an offer made during mediation will automatically bind them if no agreement is reached.
What Happens if We Reach an Agreement?
If agreement is reached during mediation, the agreed terms can be recorded and, where appropriate, incorporated into a court order.
Once recorded as a court order, the parties are legally required to comply with its terms.
Reaching agreement can therefore save time and legal costs by reducing the number of issues that need to be decided by the court. It may also remove the need for a contested hearing on those issues altogether.
What Happens if Mediation Does Not Work?
Mediation does not guarantee that an agreement will be reached.
If some issues are resolved but others remain disputed, the parties can still move forward with the issues they have agreed on, while leaving the remaining disputes for the court to determine.
If no agreement can be reached, the court can give directions for the case to proceed towards a hearing, where the disputed issues will ultimately be determined by the court.
In other words, trying mediation does not prevent you from asking the court to decide the disputed issues if a settlement cannot be reached.
How Does Mediation Fit With Therapeutic Justice?
Singapore’s Family Justice Courts operate according to the principles of Therapeutic Justice (TJ).
Therapeutic Justice encourages families to look beyond individual disputes and focus on problem-solving, reducing unnecessary conflict and finding workable and durable arrangements that allow family members to move forward.
Mediation can support this approach by giving separating spouses an opportunity to address their differences constructively rather than approaching every issue as a contest that must produce a winner and a loser.
For parents, this can be particularly important. The way disputes are managed during divorce may affect their ability to communicate and co-parent long after the legal proceedings have ended.
What About Private Mediation?
Not all divorce mediation takes place within the Family Justice Courts.
Parties may also choose private family mediation, where an independent mediator assists them in working towards a settlement.
Private mediation may provide greater flexibility in arranging sessions and allow parties to work through complex issues outside the timetable of contested court proceedings.
Certain cases may also be directed by the court to private mediation, including some cases involving substantial matrimonial assets.
Before starting mediation, it can be helpful for each party to understand their legal rights and options, so that they can make informed decisions when considering settlement proposals.
Is Mediation the Same as Collaborative Family Practice?
No. While both approaches seek to resolve family disputes without prolonged litigation, they are different processes.
In mediation, a neutral mediator assists both parties in exploring possible agreement.
In Collaborative Family Practice, each spouse is represented by their own collaboratively trained lawyer. The parties and lawyers work together through structured negotiations with the aim of reaching an agreed settlement without litigation.
Which approach may be suitable depends on the issues involved, the level of conflict and the circumstances of the family.
Is Divorce Mediation Right for Me?
Mediation may be worth considering where both parties are prepared to participate meaningfully in discussions and explore possible solutions.
However, every divorce is different. Mediation may not be suitable in every situation, particularly where there are serious safety concerns or one party is unable to participate freely or fairly in the discussions. In such cases, legal advice and court intervention may be necessary.
Before agreeing to settlement terms, you should understand your legal rights and obligations, particularly where the divorce involves children, significant matrimonial assets, maintenance, businesses, overseas assets or complex financial arrangements.
A Different Way to Approach Divorce
After many years of practising family law, Gloria James-Civetta has seen how the way a divorce is managed can affect a family long after the legal proceedings have ended.
As a trained mediator and Collaborative Family Practitioner, her approach is to identify where disputes can be resolved constructively while ensuring clients understand their legal rights and the consequences of any proposed settlement.
Where appropriate, mediation can shift the focus from winning individual arguments towards finding practical solutions that both parties and their children can live with after the divorce.
Considering Mediation for Your Divorce?
You do not need to wait until a divorce becomes highly contested before exploring ways to resolve your differences.
GJC Law’s family lawyers can advise you on your legal position and whether mediation, negotiation or Collaborative Family Practice may be appropriate for your circumstances.
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