Why You Should Consider Divorce Mediation
It is not uncommon for parties who are uncoupling to encounter difficulties during divorce. When preparing to uncouple, you may face impediments coming to an agreement on the divorce and/or all the ancillary matters. It may therefore be helpful for both you and your spouse to go through divorce mediation.
What is Divorce Mediation?
Mediation is a voluntary or court-ordered process in which both parties in a divorce can communicate openly with each other in the presence of a neutral third party. Discussions revolve around mutually acceptable and sustainable solutions for themselves and their children.
In cases where an impasse occurs between the couple, mediation offers solutions to simplify the entire divorce process as an alternative to a litigated court option, where parties are no longer in control of their case outcomes.
Types of Divorce Mediation
There are a few types of divorce mediation schemes that divorcing parties can apply for should they see a need for it. The court may also direct parties to mediation if they deem it suitable. Each mediation programme is conducted by a different group of people, applicable for a variety of circumstances and targeting different aspects of the divorce.
1. Child Focused Resolution Centre (CFRC)
Parents with children below the age of 21 are mandated to attend at least one counselling and mediation session at the CFRC. These sessions aim to help divorcing parties reach an agreement on all ancillary matters, especially on issues pertaining to their child(ren). These agreements must be made in the best interest and needs of the child(ren).
Divorcing parents are encouraged to discuss and agree on child custody, care and control and access arrangements rather than having the court decide on them. This is because parents know what’s best for their child(ren) and can take ownership of life post-divorce.
2. Mediation Ordered by Family Court
Cases that have commenced proceedings may be directed to mediation or counselling if the court assesses and decides that the dispute can be resolved more amicably and quickly through divorce mediation. Children of the marriage may be asked to speak to the judge-mediator or family counsellor if necessary.
If an agreement is reached, the court will record it and the agreement will be binding on both parties by law. However, should mediation fall through, the court will be the deciding factor on life post-divorce.
3. Private Mediation
While court-based mediation sessions are mandatory, private divorce mediation sessions are voluntary. Private mediation sessions can be done at your own pace and be conducted even before the filing of any court papers, allowing you to go down the simplified divorce track should mediation be successful. Costs of private mediation sessions are to be fully borne by the divorcing parties.
There are several ways you can go about mediation. The Singapore Mediation Centre has an expert Family Panel. The Law Society of Singapore also has a Family Mediation Scheme. Some parties choose to select a mediator of their choice as private mediation.
Mediations are conducted in confidence. No recordings of any form are allowed and the agreement will not be binding on either party unless the terms are recorded and signed by both parties after mediation. Even if parties are not able to come to a full agreement on all the issues, mediation is helpful in narrowing parties’ points of contention. In some cases, parties may reach a partial settlement and have that recorded as an Order of the Court.
Attending divorce mediation sessions allows both you and your spouse to communicate openly and focus on reaching an agreement on issues regarding your divorce. Rather than having a third party, such as the court, (which has no prior knowledge of your and your spouse’s life) decide on the divorce and/or all ancillary matters, you can make informed decisions that are best for you and your children. This saves time, money, and reduces the mental and emotional stress litigation can bring.
Collaborative Family Practice (CFP)
Specially-trained CFP lawyers will assist both parties in discussing issues involved in the divorce and encourage both to reach an agreement. They play a facilitative role, helping both parties communicate amicably, while providing legal advice. Should an agreement be reached, it will be filed with the Family Justice Courts. However, should you and your spouse fail to reach an agreement, you will need to engage another lawyer to represent you for divorce proceedings. The CFP lawyers are not allowed to further represent you. The CFP Scheme incentivises parties and lawyers to work towards settlement with an interest-based focus on parties and the family’s lives post-divorce.
If you need legal assistance in any area of Family and Matrimonial law, our team of experienced family lawyers at Quahe Woo & Palmer LLC can offer advice and solutions to help you navigate the divorce process in Singapore smoothly. Contact us today to find out more about the services we provide.
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07 August 2023
BY Dylan Ong