Mediation

Building Maintenance and Strata Management Act

OVERVIEW OF MEDIATION (PROCESS FLOWCHART)

WHAT IS MEDIATION

Mediation is a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution. The mediation at Strata Titles Boards is conducted by a Board of three (3) or five (5) board members. The Board’s function is to facilitate parties in an attempt to reach an amicable settlement to resolve their dispute. Unless expressly requested by all parties involved, the Board will not make any ruling with respect to the dispute.

Confidentiality

Mediation sessions are private and confidential, and no transcript or audio-visual recording will be made during the sessions. As the sessions are conducted in confidence, only the relevant parties and/or their representatives are permitted to be present during the mediation.

Additionally, the mediation sessions are conducted on a “Without Prejudice” basis. This means that any information disclosed and/or views expressed by any person in the mediation cannot be used as evidence against that person, in the event that the case proceeds to a hearing in the Strata Titles Boards’ court.

WHO ATTENDS A MEDIATION

All mediations are conducted at the Strata Titles Boards office located at URA Centre.

Personal capacity

All parties are required to attend their mediation session(s). However, if you are unable to attend the mediation session(s), you may, by way of a letter of authority, authorise a representative in writing to attend the mediation, make decisions and/or sign any settlement agreement on your behalf. Your representative must have knowledge of all the facts of your case and be able to make decisions on your behalf and/or sign any settlement agreement. You may wish to refer to a sample letter of authorisation under “Resources” if you are authorising a representative with full mandate.

Management corporation (MCST)

The Board requires at least one (1) council member, duly authorised in writing by the management corporation, to represent the management corporation at the scheduled mediation. The appointed council member(s) attending the mediation and making decisions for and on behalf of the management corporation, must produce a letter of authority (duly signed and sealed by the management corporation) to the Board before the session commences.

Companies

The Board requires at least one (1) key appointment holder (e.g. managing director, director, partner) to be authorised to represent the company. The appointed representative(s) of a company must produce a letter of authorisation which must be duly signed, sealed and printed on the company’s letterhead as well as a certified true copy of the company’s board resolution which: (a) allows the company seal to be affixed to the letter of authorisation; and (b) authorises the specified person(s) to represent the company at STB proceedings.

WHAT DO I NEED TO BRING

Parties should bring along all relevant documents relating to the dispute which you will refer to and rely on during the mediation session. If you intend to bring any documentation not previously submitted as evidence, you are required to prepare five (5) identical copies for submission to the Board on the day of your mediation session.

Submission of non-documentary evidence (such as SMS or WhatsApp messages) must be reduced to paper form for submission and record purposes. You are required to print out any relevant evidence that you intend to use in support of your case.

WHAT HAPPENS DURING A MEDIATION

Both Applicant and Respondent must attend the mediation at Stata Titles Boards on the specified date and time. A lawyer may represent you.

Your dispute will be mediated by the appointed Board comprising:

1. the President or Deputy President of the STB who will be the presiding member; and

2. two (2) other Board Members, consisting lawyers, engineers, architects, quantity surveyors and property consultants.

The Board can give directions to schedule a directions hearing and fix the case for hearing.

Official Language

The official language used for all Stata Titles Boards proceedings (including mediation, directions hearing and hearing) is English. Any agreement arrived at between the parties in the settlement of the dispute shall be in an appropriate contractual language to allow its subsequent enforcement.

Translation Services

If you require the services of an interpreter, please bring your own interpreter to assist you in the proceedings. Parties are to provide the particulars of their interpreter at least seven (7) working days before the mediation date.

Conduct and Decorum

Please check the date and time of the mediation and arrive ahead of the scheduled time. You have to dress appropriately and neatly. Visitors in singlets, shorts, slippers or other inappropriate attire will not be permitted to enter the mediation/hearing room. During the session, you are required to switch off your mobile devices or switch them to silent mode. Video and audio recordings are not permitted.

WHAT HAPPENS AFTER A MEDIATION

Where the dispute is resolved swiftly and amicably, the matter need not proceed to Directions Hearing and will end at the mediation stage.

If mediation is successful

Once a dispute / matter is resolved by mediation before the Board, all parties are required to sign to acknowledge the terms of the settlement agreement. These terms of the settlement agreement are final, binding and enforceable.

If mediation is not successful

In the event that the dispute is unresolved at the mediation stage, the matter will proceed to a directions hearing, where the Board will give directions as to how the matter should proceed for a hearing.

WHAT HAPPENS IF THE MATTER IS SETTLED BETWEEN PARTIES

In the event that parties are able to settle the matter between themselves, the Applicant is to inform the Strata Titles Boards in writing as soon as practically possible and extend a copy of such notice to the Respondent. Once the Strata Titles Boards receives such notice, parties will be issued the withdrawal notices which parties are required to sign and return in order to discontinue the matter.