The alternative to going to court is settling the dispute through mediation, arbitration or negotiation. Usually, these processes involve an objective third party who intervenes and helps the parties reach an agreement.
All Types Of Disputes
Disputes That Require Expert's Evaluation
Business And Consumer Disputes
e-Commerce Disputes
Employee-Related Disputes
All Types Of Disputes
Mediation
- The Singapore Mediation Centre (SMC) is a non-profit organisation that trains and selects neutral mediators who can step in and help parties reach amicable agreements.
- It has both local and international panels of mediators.
- Any business can apply to SMC for help. SMC will then invite all the parties to the dispute to mediate.
- The mediation fee starts from S$900 per party per day. The fees are pegged to the amount that the party is claiming in terms of compensation or damages.
Arbitration
- Unlike mediation, arbitration is legally binding.
- Arbitration is actually very similar to going to court. The main difference is that arbitration takes place privately.
- The Singapore International Arbitration Centre (SIAC) handles all arbitration cases in Singapore.
- As Singapore has signed the New York Convention, arbitration decisions can be enforced in over 120 countries.
- There are 3 parts to the fees you have to pay for arbitration:
- Management Fee or Appointment Fee
- A Management Fee is charged for all arbitration cases handled by SIAC. It is based on the value of the claim. For instance, the management fee for a domestic case is S$2,750 for claims up to S$60,250 (Administration Fees).
- If SIAC is not handling the arbitration, both parties can ask SIAC to appoint an arbitrator. For instance, the Appointment Fee is S$2,000 for one arbitrator (Appointment Fees).
- Arbitrator’s Fee
Rates for arbitrators range from S$300 – S$800 per hour.
- Lawyer’s Fees
Rates will depend on your agreement with the lawyer.
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Disputes That Require Expert's Evaluation
- Sometimes, your case may require an expert’s opinion, e.g. in insurance, renovation and construction claims.
- An expert can provide you with a “neutral evaluation”.
- An expert’s opinion is particularly useful when parties have reached a deadlock in negotiations.
- The expert provides an objective assessment on the merits of the case.
- The Singapore Mediation Centre (SMC) provides Neutral Evaluation services.
- There are 3 parts to the fees:
- Administrative Fee
This fee is pegged to the amount of the claim, e.g. the administrative fee is 0.4% of the claim for amounts up to S$250,000, subject to a minimum of S$500.
- Evaluator’s Fee
Rates for evaluators range from S$200 – S$1,000.
- Other Charges
For rental of rooms, amenities or staff services.
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Business And Consumer Disputes
- The Consumers Association of Singapore (CASE) Mediation Centre helps to settle disputes between a business and a consumer.
- The process begins with either a consumer or business lodging a complaint with CASE.
- For consumers to lodge complaints, they must first be CASE members. Membership is S$25 per year.
- For businesses to lodge complaints, they must first be accredited by CASE. The accreditation shows that your business is committed to good business practices.
- Accreditation costs vary from a few hundred dollars to a few thousand dollars.
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e-Commerce Disputes
eAlternative Dispute Resolution (e@dr) is an online dispute resolution service for e-commerce disputes.
- Parties involved in disputes between businesses (B2B), consumers (C2C) or both (B2C or C2B) can use the service without first going through the courts.
- Lodging your complaint on e@dr is free. Your complaint will be received by a moderator.
- If the matter is complex, you may be referred to the Small Claims Tribunal, Singapore Mediation Centre or Singapore International Arbitration Centre. You will have to pay the fees and costs imposed by the Tribunal and centres.
- If the matter can be resolved by a judge-mediator or court mediator, then your case will be mediated for free.
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Employee-Related Disputes
- The Ministry of Manpower (MOM) Labour Relations Department (LRD) helps employers and employees resolve trade or employment / salary disputes amicably through mediation.
- The registration fee to lodge a complaint is:
- S$3 for employees
- S$20 for employers
- Disputes that cannot be resolved amicably may be referred to the Labour Court.
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