Addendum to the Law Society Mediation Rules and Law Society Neutral Evaluation and Determination Rules for Mediation and Neutral Evaluation of Family Law Disputes
This Addendum to the Law Society Mediation Rules (“LSMR”) and Law Society Neutral Evaluation and Determination Rules (“LSNEDR”) is applicable to family law disputes being referred to the Law Society for mediation under the Law Society Mediation Scheme – Family Law (“LSMS – Family Law”) or for non-binding Neutral Evaluation under the Law Society Neutral Evaluation – Family Law (“LSNES – Family Law”) respectively. Where arrangements for the Mediation/Neutral Evaluation under LSMS – Family Law and LSNES – Family Law are not specified in this Addendum, the respective LSMR or LSNEDR shall apply.
As the non-binding Neutral Evaluation process for family disputes is unique and different from the existing Neutral Evaluation process for civil disputes, we have reproduced a copy of the work flow for family disputes in the Annexed Workflow.
For the avoidance of doubt, this Addendum is not applicable to civil disputes referred to the general Law Society Mediation Scheme and Law Society Neutral Evaluation and Determination Scheme.
1. COMMENCEMENT OF A MEDIATION/NEUTRAL EVALUATION
1.1 For parties who wish to commence a Mediation/Neutral Evaluation under the LSMS – Family Law or LSNES – Family Law, they may do so by:
(a) submitting a completed “Request for Mediation/Neutral Evaluation form” (“Request”) via email to adr@lawsoc.org.sg; and
(b) paying the required non-refundable administration fee.
1.2 In the event the family law dispute is not settled at the conclusion of the Mediation, the parties may agree to refer the dispute to be resolved by Neutral Evaluation under the LSNES – Family Law and the rules thereunder for the time being in force. Similarly, in the event the family law dispute is not settled at the conclusion of the Neutral Evaluation, the parties may agree to refer the dispute to be resolved by Mediation under the LSMS – Family Law and the rules thereunder for the time being in force
2. APPOINTMENT OF MEDIATOR/NEUTRAL
2.1 This section shall be applied in place of Article 4 of the LSMR and/or Rule 10 of the LSNEDR for family law disputes being referred to the LSMS – Family Law and LSNES – Family Law.
2.2 The LSMS-LSNES Family Law Panel consists of a dedicated group of professionals qualified to handle Mediation and Neutral Evaluation in relation to family disputes (“Mediators” and “Neutrals” respectively), and are governed by a dedicated Code of Conduct. The latest LSMS-LSNES Family Law Panel may be viewed on the Law Society of Singapore’s website.
2.3 After receiving the completed Request and the payment of the required non-refundable administration fee from each party, the President of the Law Society shall appoint two Co-Mediators or two Co-Neutrals from the LSMS-LSNES Family Law Panel as soon as practicable.
2.4 Where the parties have nominated one or more Mediator(s)/Neutral(s) from the LSMS-LSNES Family Law Panel, the President may consider the parties’ nomination when appointing the Mediators/Neutrals. However, the President shall make the final decision on the appointment of the Mediators/Neutrals and such decision shall not be subject to any review whatsoever.
3. FEES SCHEDULE
3.1 This section shall be applied in place of the Fees Schedule found in Part 3 of the LSMR and Part 6 of the LSNEDR for family law disputes referred under the LSMS – Family Law and LSNES – Family Law.
3.2 The fees payable by the parties to the Law Society for the time-being in force and during the pilot phase, shall be as follows:
|
Quantum of Matrimonial Assets (S$) |
Administration Fee (Non-Refundable) |
Mediators’ and Neutrals’ Fees [1] |
Overtime Charges |
|
Gross value of all known assets is under $2,000,000 |
$150 (per party) |
$150 per hour (per party) |
$100 per hour (per party) |
|
Gross value of all known assets is $2,000,000 or above |
$250 (per party) |
$250 per hour (per party) |
$150 per hour (per party) |
3.3 For the avoidance of doubt, the fees prescribed above do not include expenses reasonably incurred for the conduct of the Mediation/Neutral Evaluation process, including disbursements for photocopying, telephone calls, facsimile transmissions and incidentals which shall be reimbursed at reasonable rates.
3.4 Mediations/Neutral Evaluations may be held either in-person or via video-conference. Parties will bear the cost of hiring the premises if the Mediation/Neutral Evaluation is held in-person.
3.5 The Law Society may review this Fees Schedule from time to time and will set out the latest fees and charges on the Law Society of Singapore’s website.
4. FORMS
4.1 As the forms used for the Mediation/Neutral Evaluation under LSMS – Family Law and LSNES – Family Law are different from the standard LSMS and LSNEDS process, the relevant forms are included for your reference. The use of the prescribed forms in Annexes A to C is mandatory, and the use of the sample forms in Annexes D to I (whether represented or in person) is highly encouraged:
Annex A: Request for Mediation/Neutral Evaluation
Annex B: Agreement for Mediation
Annex C: Agreement for Neutral Evaluation
Annex D: Sample Mediation/Neutral Evaluation Case Statement
Annex E: Sample Settlement Agreement (Mediation)
Annex F: Sample Recommendations (Neutral Evaluation)
Annex I: Sample Draft Ancillary Matters Consent Order
5. CONTACT
5.1 If parties have any questions about the arrangements for Mediation or Neutral Evaluation, they may contact the Law Society Secretariat at adr@lawsoc.org.sg.
6. VALIDITY OF ADDENDUM
6.1 This Addendum is (approved by Council and) valid from 15 March 2021.
[1] The published rates apply to Mediation (in an 8-hour block) and Neutral Evaluation (in a 4-hour block) conducted within the hours of 9.00am to 6.00pm.