Litigation is a legal process often resulting in a dispute being battled out in court. It can therefore be quite adversarial in nature. The outcome of litigation is not known and is entirely in the hands of the ruling judge. Litigation can be costly and lengthy.
Mediation is based on the principle that people are capable of resolving their own disagreements with the guidance and support of a mediator who is not a judge nor a decision maker.
Rather, the mediator facilitates discussions between the parties in a safe, neutral and confidential environment to help them to find a mutually acceptable solution. There is no surprise ruling since the outcome of the dispute is in the hands of the parties themselves, who could also choose to walk away from the negotiation table at any time.
In addition, mediation is a private and confidential process and no party may disclose information about the mediation (without the consent of the other parties) to other persons. Mediation is also “without prejudice” which means that any information disclosed during a mediation cannot be used against another party in any other actions or proceedings.
At EMCC we focus on mediations involving relational disputes. Typical mediations at EMCC involve the following:
While there are similarities in the skill sets of counselling and mediation, the main difference lies in that mediation is typically always focused on assisting two or more parties to resolve a specific conflict that has arisen between them. It does not go beyond that point in dealing with the individuals’ emotional condition and does not offer therapy.
Counselling focuses on the holistic well-being of the client, and is typically a therapy process which may or may not include dealing with a specific conflict between the client and another person. Mediation generally follows a structured and standard procedure while counselling sessions differ according to the styles and techniques of the specific therapist. Mediation is also typically concluded in one session while counselling therapy can take several sessions.
Mediations at EMCC may run from a minimum of 3 hours to 8 hours or more for complex disputes. The duration of each session depends on parties’ capacity and willingness to participate in the mediation. If parties find it difficult to carry on with the mediation (as it can be physically and emotionally draining), the mediator(s) may adjourn a session and continue the mediation at a later arranged date and time.
The mediation process typically has the following format, although EMCC mediators may adapt the format to suit the specific needs of the parties:
Stage 1: Introduction: Mediators explain the mediation process and parties introduce themselves and their reasons for the mediation.
Stage 2: Exploring Positions and Interests: mediators assist the parties to discuss the issues and what they want.
Stage 3: Developing Solutions: mediators guide the parties to discuss their needs and possible options for resolving the dispute.
Stage 4: Resolution: The parties, assisted by the mediators, decide on the best possible mutually agreeable solution.
Stage 5: Written Agreement: the agreement reached may be formalised in writing and signed by the parties.
No, you do not need to have a lawyer in mediation. However, EMCC welcomes the presence of lawyers if parties so wish. Where one party is represented by a lawyer, EMCC will advise the other party to also bring his/her lawyer.
Mediation is a voluntary process: parties can choose whether or not to participate, and can also choose when to end the process. Since the outcome of a mediation is dependent on the parties, there is no guarantee that every mediation will end in agreement. However, with the assistance of the mediator, the parties may see a new perspective and explore options they may not have previously considered. At the very least, the mediation process will certainly help you decide on your next course of action.
An agreement between the parties at the conclusion of the mediation can be binding on such parties if it is in writing and signed by the parties. Further such an agreement may, with the consent of all parties, be recorded as an order of court (as provided for in Section 12 of the Mediation Act 2017) for enforcement purposes.
Mediation is a relatively low-cost method of resolving disputes and with EMCC’s subsidised rates, mediation is affordable and accessible to all. Please contact our office to find out our rates.
Please fill up the enquiry form below and we will contact you to start the process:
Our Intake Officers will arrange an appointment for the parties and the mediator(s). EMCC’s fee structure, applicable subsidies and mode of payment will also be explained by the Intake Officer.
For further information, you can contact us at +65 6788-8220.
Eagles Mediation & Counselling Centre Ltd – EMCC – is a professional not-for-profit organisation that provides mediation and counselling services to the general public regardless of race or religion.
No. We work with individuals and organisations of any religious order.
Yes, we have counsellors who can counsel in Mandarin.
Each counselling session lasts for an hour.
On the average the counselling process needs between 4-6 sessions.
The team will review the case presented and assign the most appropriate counsellor for you.
EMCC understands that confidentiality is an integral part of establishing the trust and safety necessary to effectively help clients.
While there are similarities in the skill sets of counselling and mediation, the main difference lies in that mediation is typically always focused on assisting two or more parties to resolve a specific conflict that has arisen between them. It does not go beyond that point in dealing with the individuals’ emotional condition and does not offer therapy.
Counselling focuses on the holistic wellbeing of the client, and is typically a therapy process which may or may not include dealing with a specific conflict between the client and another person. Mediation generally follows a structured standard procedure while counselling sessions differ according to the styles and techniques of the specific therapist. Mediation is also typically concluded in one session while counselling therapy can take several sessions.