Divorce mediation is a valuable alternative dispute resolution method that helps couples settle their issues outside the courtroom. Understanding mediation is crucial for divorcing couples as it can simplify the divorce process, reduce conflict, and provide a more amicable path to resolution.
This article offers a comprehensive guide on what mediation in divorce involves, outlining its process and benefits compared to traditional divorce methods.
By exploring how mediation can make the divorce process smoother and less adversarial, couples can make informed decisions about their approach to resolving marital disputes.
What Is Mediation In Divorce?
Mediation for divorce is a voluntary process where couples work with a neutral third-party mediator to reach an agreement on various aspects of their divorce.
This can include matters like child custody, division of assets, and other ancillary matters. The mediation process allows both parties to communicate openly and explore options that lead to an amicable settlement.
Mediation can take place before or after divorce papers are filed. If mediation occurs before filing, it can help the parties reach an agreement to proceed with a simplified, uncontested divorce, saving time and reducing legal costs.
This process is different from traditional divorce proceedings, in which each party typically hires a lawyer to represent their interests in court.
In contrast, mediation in divorce encourages cooperation and allows couples to have more control over the outcome, ensuring that the final divorce settlement agreement reflects the interests of both parties.
One key element of divorce mediation is confidentiality. Discussions during mediation sessions are private, meaning that the details cannot be disclosed in Court if the mediation does not result in an agreement.
This allows couples to negotiate freely without fear that their words will be used against them later. Mediation is also non-adversarial, focusing on collaboration rather than conflict, which can be beneficial in maintaining a more amicable relationship post-divorce, especially when children are involved.
How Does Divorce Mediation Work?
The divorce mediation process begins with an initial consultation, where both parties meet with the mediator to discuss the issues that need to be resolved.
This meeting helps set the framework for future mediation sessions, allowing the mediator to understand the specific concerns and priorities of each party.
The mediator, who is often trained in family law, plays a neutral role, guiding the discussions and helping the parties explore options that could lead to a mutually acceptable settlement.
Mediation sessions are structured to facilitate open communication between the parties. The mediator helps manage the discussions, ensuring both parties can voice their concerns and consider possible solutions.
During these sessions, the mediator may propose different options for resolving issues like child custody, division of property, and other ancillary matters. The goal is to reach an agreement that satisfies both parties and avoids the need for prolonged and costly divorce proceedings.
Once the parties reach an agreement, the mediator assists in drafting the settlement agreement. This document outlines the terms of the divorce and the agreed-upon arrangements for any ancillary matters.
The final settlement can then be submitted to the Court for approval, ensuring that it becomes legally binding. If the mediation takes place before the divorce papers are filed, this agreement can streamline the process, leading to a faster and more straightforward divorce.
There are two primary routes for mediation in divorce:
- Court-based mediation
- Private family mediation
#1. Court Mediation That Involves Children
Mediation for divorce becomes especially crucial when children are involved. The focus shifts to resolving matters related to child custody, visitation rights, and child support.
Unlike traditional divorce proceedings, where the conflict between parents can intensify, mediation in divorce aims to reduce the emotional stress on children.
In Singapore, couples with children under the age of 14 who are going through a divorce are required to attend mediation sessions at the Child Focused Resolution Centre (CFRC). These sessions are designed to help parents maintain meaningful relationships with their children post-divorce.
Parents work with a trained mediator during the mediation process to address issues such as custody, access, and co-parenting arrangements. The sessions are often coupled with counselling sessions provided by the Court counsellor to support the emotional well-being of both parents and children.
For couples with children aged between 14 and 21, mediation is conducted under the Family Dispute Resolution (FDR) Programme.
This child-centred approach in Court mediation helps to create agreements that safeguard the welfare of the children, ensuring that their needs are met despite the changing family dynamics.
Family Dispute Resolution (FDR) Programme
The Family Dispute Resolution (FDR) programme is an integral part of the divorce mediation process in Singapore, particularly for families with children.
Established with the formation of the Family Justice Court in 2014, the FDR programme is designed to help families resolve disputes amicably, without the need for litigation.
The programme has integrated the Child Focused Resolution Centre (CFRC) to create a comprehensive system for managing family disputes.
The FDR programme is mandatory for divorcing couples with children under 21 years old who are undergoing a contested divorce. The Family Court sends formal notices to these couples, requiring them to attend mediation sessions as part of the divorce process.
These sessions are conducted free of charge and provide a structured environment for resolving issues related to children and finances. For couples without children or with children over 21, the Court may still refer them to the FDR programme if it believes that mediation could lead to an amicable resolution.
The FDR programme consists of three key stages:
- FDR Conference
- Counselling Sessions
- Mediation or Co-Mediation Sessions
If you have appointed a lawyer to represent you, it is advisable to attend the FDR conference and mediation sessions with your lawyer. Your lawyer can offer guidance on whether the proposals from your spouse are reasonable and in your best interests.
Mediation within the FDR programme offers significant benefits for divorcing couples, especially those with children.
By providing a platform for open communication and cooperation, mediation helps to minimise the impact of divorce on children and avoid the emotional and financial strain of prolonged Court proceedings.
#1. Family Dispute Resolution (FDR) Conference
The FDR conference is the first step in the mediation of the divorce process. It serves as an initial meeting where the parties involved, along with their lawyers if they have them, meet with a judge and a Court family Specialist (CFS).
The primary role of this conference is to facilitate communication between the parties and clarify the issues in dispute.
During the conference, the judge and the CFS work together to identify the key points of disagreement and set an agenda for the upcoming mediation and counselling sessions.
This structured approach helps to create a clear path forward, ensuring that both parties understand what needs to be addressed. The judge may also schedule dates for the mediation or co-mediation sessions, providing a timeline for the resolution process.
#2. Counselling Sessions
Counselling sessions are an integral part of the FDR programme, offering support that goes beyond the legal aspects of divorce. These sessions focus on addressing the emotional and psychological issues that may hinder the resolution of disputes.
The first session, known as the intake and assessment, is conducted by the CFS. This session helps to evaluate the emotional state of the parties and identify any underlying issues that need to be addressed.
Subsequent counselling sessions are scheduled as needed, emphasising improving communication and understanding between family members.
By fostering better communication, these sessions aim to reduce conflict and help the parties reach an amicable agreement on matters such as co-parenting and ancillary matters.
Counselling supports the overall mediation process by helping the parties manage their emotions, making exploring options easier and reaching a sustainable agreement.
#3. Mediation Or Co-Mediation Process
The mediation process is a key component of resolving disputes in divorce proceedings. In a typical mediation session, the parties and their lawyers meet with a mediator to discuss the issues of disagreement.
The mediator’s role is to guide the conversation, helping the parties explore options and work towards reaching an agreement, particularly on co-parenting arrangements and other ancillary matters.
There are two approaches to mediation: traditional mediation, led by a single mediator, and co-mediation, which involves two mediators. Co-mediation is often used when a case involves complex legal and emotional issues.
In such cases, a mediator may work alongside a CFS, bringing in their combined expertise to ensure a balanced approach. Co-mediation sessions might also include the children, helping to address their needs and concerns directly.
If the parties can reach an agreement during mediation, the Court may record the terms as a Court order, making the agreement legally binding. However, if an agreement cannot be reached, the Court will give directions for the parties to prepare for a hearing.
Mediation sessions can occur at various stages of the divorce proceedings, and it may take more than one session to resolve all disputed issues, depending on the complexity of the case.
You may refer here for more information on the FDR programme.
#2. Private Family Mediation (Conducted Out Of Court)
Private family mediation is a voluntary process where couples can choose to resolve their disputes outside of court.
Unlike court-referred mediation sessions, which are often compulsory, private mediation requires both parties to take the initiative to sign up. This flexibility allows couples to control the timeline of the mediation process, making it easier to fit around their schedules.
In private mediation, a neutral third-party mediator, often a legal practitioner, helps the couple navigate various issues that arise during the divorce process. These issues typically include:
- Distribution of Property and Assets: Ensuring a fair division of shared properties and financial assets.
- Child Custody, Care and Control, and Parenting Plans: Developing a comprehensive plan for custody and parenting time.
- Child Support and Maintenance: Determining the necessary financial support for the children.
- Spousal Support: Deciding on the financial assistance one spouse may require from the other.
- Debt Allocation: Agreeing on how to handle shared debts.
The mediator’s role is to facilitate open communication between the parties, helping them reach an agreement on these matters. Should any difficulties arise, the mediator ensures that discussions remain focused and productive, allowing the parties to explore various options to resolve their differences.
Confidentiality is a crucial aspect of private family mediation. Since the sessions are not part of the public Court system, the details discussed remain private, creating a safe environment where parties can speak freely without fear of public exposure.
If the parties reach an agreement during the mediation process, they can draft a Consent Order or Mediation Agreement. Once both parties endorse this document, it can be filed in Court to be recorded, potentially leading to an uncontested divorce.
Although private mediation typically involves a fee, the benefits of a more controlled, confidential, and amicable process make it a valuable option for many couples.
Private family mediation is a civil and constructive way to resolve financial and parenting issues, providing a less adversarial path to divorce.
#1. Family Mediation Procedure Rules Scheme
The Family Mediation Procedure Rules Scheme, developed by the Singapore Mediation Centre (SMC), provides a structured, affordable, and efficient alternative to litigation for divorcing couples.
This scheme focuses on resolving disputes through mediation, where a neutral third-party mediator assists the parties in reaching an amicable agreement.
Under the scheme, the SMC appoints experienced mediators from its family panel who are well-versed in family law. These mediators guide separating couples through the mediation process, encouraging conciliation and helping to smooth out domestic conflicts.
The goal is to foster long-term family ties while keeping the costs of divorce mediation in Singapore affordable and minimising the emotional stress on all parties involved.
Confidentiality is a cornerstone of this scheme, ensuring that all discussions remain private. No recordings are allowed, and any agreement reached is only binding when recorded in writing and signed by both parties.
To participate in the Family Mediation Procedure Rules Scheme, each party must pay the SMC an initial non-refundable filing fee of $272.50.
The mediation fee per party per day is $2,783.58, with additional charges applicable for overtime or sessions held on weekends or public holidays. If the parties choose their own mediator, the mediation fee is waived, but the mediator may charge commercial rates.
This scheme is designed to make the mediation process fair and effective. It ensures that all parties comply with the rules to achieve a resolution that benefits everyone involved.
#2. Collaborative Family Practice (CFP)
The CFP offers divorcing couples another avenue to resolve their differences outside of court. Introduced in 2013 and managed by the Singapore Mediation Centre, CFP is an option where both parties work with their respective lawyers to reach an agreement.
Unlike traditional mediation, where a neutral third-party mediator facilitates discussions, CFP involves lawyers actively participating in the negotiation process.
In CFP, specially trained lawyers help couples address the legal issues surrounding their divorce, focusing on creating a parenting plan, dividing assets, and other key matters.
The lawyers encourage direct communication between the parties, aiming to resolve issues without the acrimony that often accompanies litigation. If an agreement is reached, it is filed with the Family Justice Courts, which will prioritise closing the case.
However, if the parties involved fail to reach an agreement, their CFP lawyers are prohibited from representing them in subsequent divorce proceedings.
This rule incentivises couples to work towards a resolution, but it also means that if negotiations reach a stalemate, couples may need to hire new lawyers, potentially increasing costs.
CFP is suitable for most disputes, but it may not be appropriate in cases involving domestic violence, substance abuse, or serious dishonesty. A deposit is required when CFP lawyers are assigned, and there is a fixed hourly rate of $436 for their services.
This practice offers a more structured and lawyer-driven approach than traditional mediation, providing divorcing couples with another way to resolve their differences amicably.
Both the Family Mediation Procedure Rules Scheme and Collaborative Family Practice provide valuable alternatives to Court litigation for divorcing couples in Singapore.
Other Issues Mediated In Court
In addition to child custody, Court mediation covers various issues that arise during a divorce. These include:
- Division of Assets: The Court helps couples fairly distribute matrimonial assets, such as the family home, savings, investments, and other properties.
- Child Maintenance: Mediation can determine the amount of financial support each spouse must provide to cover the child’s expenses.
- Spousal Maintenance: Mediation helps decide the financial support, including the amount and duration one spouse may need to pay to the other.
- Debts and Liabilities: Couples work together to figure out how to manage shared debts, ensuring both parties understand their financial responsibilities after the divorce.
- Retirement Funds: Decisions regarding the division of retirement funds, such as CPF savings, are mediated to ensure a fair distribution.
- Relocation: If one parent wants to relocate with the children, mediation addresses the logistics and the impact on the child’s relationship with both parents.
Once the mediation is complete, the Court reviews the agreements reached to ensure they are fair and legally binding. This step is crucial to confirm that the terms are just and that both parties fully understand their obligations.
Divorce Mediation Vs. Collaborative Divorce: Which Is Right For You?
Choosing between divorce mediation and collaborative divorce depends on your specific situation and goals. While both methods aim for an amicable settlement, they differ significantly in approach and outcomes if negotiations fail.
- Divorce Mediation: This process involves a neutral mediator who facilitates discussions between the spouses. It’s a cost-effective way to resolve disputes without going to court, allowing couples to maintain control over the outcome. If mediation fails, the parties can retain their lawyers and continue the divorce through the Family Court. Mediation is often quicker and more flexible, making it a suitable option for couples with a lower level of conflict who want to finalise their divorce faster.
- Collaborative Divorce: In this process, both parties work with specially trained lawyers to reach a mutual agreement. The focus is on cooperation and finding solutions that benefit both parties. However, if the negotiations break down, the lawyers involved cannot continue representing their clients, and new lawyers must be hired. This can increase costs and prolong the divorce process. Collaborative divorce may be more appropriate for couples who are committed to working together but need legal representation to navigate complex issues.
When deciding between mediation and collaborative divorce, consider the level of conflict between you and your spouse, your need for legal support, and your financial situation. If you are looking for a cost-effective way to resolve disputes and want to avoid court, mediation may be the right choice.
However, if you anticipate needing more structured legal guidance and are willing to invest in a collaborative approach, collaborative divorce might be a better fit.
Conclusion On What Is Family Mediation
Singapore divorce mediation offers separating couples a valuable alternative to the often contentious and costly litigation process. By understanding what mediation involves and its many benefits, couples can make informed decisions about their divorce journey.
Mediation provides a platform for open communication, helping both parties reach amicable agreements on crucial issues like child custody, spousal support, and the division of assets.
For those who wish to avoid the adversarial nature of Court proceedings, mediation stands out as a practical and constructive option, fostering better post-divorce relationships and healthier communication.
If you’re navigating the complexities of divorce and looking for clarity and support, Tembusu Law is here to help. As a team of dedicated family and divorce lawyers in Singapore, we provide expert legal advice and representation across all stages of the divorce within the family justice system.
Divorce in Singapore can be challenging, with disagreements often arising over child custody, asset division, and other sensitive matters. At Tembusu Law, we are committed to ensuring our clients receive their fair share in matrimonial assets and are well-represented in Family Justice Court proceedings.
We handle various family law issues, including contested divorces, child custody, Personal Protection Orders, and more, offering peace of mind during a difficult time.
Contact our team of Singapore Divorce Lawyers for a free consultation on your case today. Trust Tembusu Law to manage your legal matters with the expertise and care you deserve.
Frequently Asked Questions On What Is Family Mediation
How Long Does The Divorce Mediation Process Typically Take?
The duration of the divorce mediation process varies depending on the complexity of the issues and the willingness of both parties to reach an agreement. On average, mediation sessions can last between a few weeks to several months.
Factors such as the need for representing lawyers, the level of conflict, and whether domestic violence is involved can also affect the timeframe.
Is Divorce Mediation Confidential?
Yes, divorce mediation is confidential. This means that all discussions and information exchanged during the mediation process cannot be used in Court if the mediation does not result in a settlement.
Confidentiality is crucial to ensure that both parties, including their respective spouses and representing lawyers, can freely discuss and negotiate sensitive issues without concern about public disclosure.
Does Divorce Mediation Require Both Parties To Agree On Everything?
No, divorce mediation does not require both parties to agree on everything. The goal of mediation is to facilitate communication and help the parties find common ground on as many issues as possible.
Even if a complete agreement is not reached, mediation can still assist in resolving some disputes. However, additional steps might be needed if there are significant disagreements or if issues involve domestic violence.
When Should Couples Consider Starting Divorce Mediation?
Couples should consider starting divorce mediation as soon as they decide to separate, ideally before filing for divorce in court. Initiating mediation early can help address issues such as child custody, property division, and spousal support in a less adversarial manner.
This approach is particularly beneficial if there are disputes involving domestic violence, as it provides a structured environment to resolve issues with the support of mediators and representing lawyers.
