Evolution of Mediation in Singapore

Abstract

Mediation is a dispute resolution method in which the parties attempt to reach an agreement with the help of a neutral third party who does not have adjudicatory powers. A successful mediation results in a mediated settlement agreement that contractually binds the parties. While mediation is ancient, its roots are unknown. Some believe it began in 1800 B.C. in modern-day Syria, where the Mari monarchy utilised it to settle disputes with other kingdoms. Others trace it back to Phoenician commerce, ancient Greece, and the Roman civilisation. However, thankfully mediation’s enduring impact is certain. Mediation usage has grown exponentially over the centuries and is gaining popularity in commercial disputes as it allows parties to retain direct control over the outcome and by reason of its confidential, inexpensive, efficient, and compelling nature. This too is the case for Singapore, where mediation has emerged as a pivotal alternative dispute resolution mechanism and has helped in transforming the overall landscape of conflict resolution and facilitate an efficient and cost-effective solutions. This phenomenon has gained pace after the adoption of the United Nations Commission on International Trade Law (“UNCITRAL”) Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention on Mediation”).