The Divorce Process – Mediation vs Hearing

People often get confused between mediation and hearing. So what exactly are their differences?

A table has been provided in order to make it easier to compare and understand the characteristics of each one as well as the differences between them.

Mediation Hearing
Judge-mediators do not make decision

The mediation process is facilitated by judge-mediators. However, they do not issue a verdict which is binding on parties.

Judges make decision

Judges will hear the matter and issue a decision which is binding on parties.

Control over final decision

Parties have control over the final settlement reached, if settlement is reached. Any offer is only binding after both parties have agreed to be bound by the settlement.

No control over final decision

Parties give up the right to decide on their matter to the Court.

Collaborative

Parties must try to find ways to meet their own and each other’s interests. They must be willing to compromise.

Adversarial

Parties advance their own case and discredit the other side’s case.

Interest-based

The court will seek to meet the interests of both parties in coming up with a solution. They have more flexibility in terms of the solution available as compared to a hearing.

Evidence-based / law-based

All evidence will have to be set out plainly in sworn statements. The solution is more restricted as the Court will only be able to grant you remedies available and justified in law.

Whether your lawyers would be involved:

Your lawyers should be involved.

It should be noted that it is compulsory to attend mediation for divorces involving children under 21 years old or where ordered by the Court. Parties must personally attend the mediation with their lawyers.

For more information on mediation, please visit http://www.singaporedivorcelawyer.com.sg/what-is-mediation/.

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