What Happens During Divorce Mediation? Step-by-Step

Divorce mediation helps spouses discuss and resolve issues when they are considering divorce or already in divorce proceedings. It may be arranged privately before or during proceedings, or conducted through the Family Justice Courts’ Family Dispute Resolution Division after a case has started. A neutral mediator helps them discuss the divorce, parenting arrangements, maintenance, matrimonial assets, CPF monies, and the family home. The mediator does not decide the outcome or force either spouse to agree.

This article covers divorces filed in the Family Justice Courts. Divorces within the Syariah Court’s jurisdiction follow a separate process. An experienced divorce lawyer in Singapore can explain which process applies to your circumstances.

Quick Answer

The process differs between private mediation and mediation at the Family Dispute Resolution Division, commonly called FDR mediation. In both, a neutral mediator helps spouses identify the disputed issues and explore possible terms. For divorcing parents with at least one child below 21, the FDR process generally includes separate counselling with a Court Family Specialist, unless the Court excuses attendance. Any agreement should be written clearly and placed before the Court where appropriate.

Key Takeaways

• Private mediation and FDR mediation follow different procedures.
• The mediator does not decide the outcome.
• FDR counselling is separate from mediation.
• Prepare clear proposals and supporting documents.
• Mediation may settle all or only some issues.

Step 1: Which Type of Divorce Mediation Applies?

Spouses may voluntarily arrange private mediation before filing for divorce or while proceedings are ongoing. The mediator or mediation scheme will determine how the process is conducted.

After proceedings start, the Family Justice Courts may refer the parties to FDR mediation. Parties may also request it during their case, subject to the FDR Division’s assessment.

Where divorcing parties have at least one child below 21, the Court will generally direct them to attend mediation, counselling, or both. Attendance at the sessions directed by the Court is compulsory unless the Court excuses them where attendance would not be in their or their children’s interests. This may include some cases involving family violence or where Child Protection Services is involved. A spouse who is concerned about abuse, threats, or harassment may also need advice about applying for a Personal Protection Order.

The Court may order private mediation where there is a contested asset issue, the gross value of all known assets is S$2 million or above, and there are no contested child issues.

FDR mediation has no mediation fee, although legal fees may still apply. Private mediation may involve mediator and legal fees.

Step 2: What Should You Prepare Before Mediation?

Prepare the documents, figures, and proposals needed to discuss the disputed issues.

For FDR mediation, the parties and their lawyers, if any, must prepare a Summary for Mediation and any relevant documents directed by the Court. A private mediator may have different requirements.

Financial documents may include income records, bank and CPF statements, property documents, loan balances, valuations, debts, and monthly expenses.

For parenting matters, prepare details of the child’s routine, school and medical needs, caregiving arrangements, holidays, and handovers. Consider your preferred outcome, possible alternatives, and what information is still missing.

Speaking with a Singapore divorce lawyer before mediation may help you understand the documents required and the long-term effect of any proposed settlement.

Step 3: What Happens in Private Mediation and FDR Mediation?

In private mediation, the mediator explains the process, identifies the disputed issues, and helps the spouses exchange proposals and explore possible terms. Court conferences and counselling with a Court Family Specialist are not part of the private mediation itself.

FDR mediation follows a Court-managed process. In the usual mandatory child-related FDR process, the parties and their lawyers, if any, attend an FDR Conference with a judge and a Court Family Specialist. The conference clarifies the disputed issues and may give directions on documents, counselling, and mediation.

In the usual mandatory child-related FDR process, the parties attend separate counselling with a Court Family Specialist. Counselling focuses on the children’s needs, parenting conflict, communication, and workable care arrangements. Lawyers are generally not expected to attend counselling, although the Court Family Specialist may allow a lawyer to attend where appropriate.

At FDR mediation, the parties discuss the unresolved legal and practical issues with a mediator. Co-mediation involves both a mediator and a Court Family Specialist. Co-mediation is still mediation, not counselling.

Mediation is not a trial. Witnesses are not called, and the parties are not cross-examined. For mandatory child-related mediation, the Court’s notice states whether lawyers must attend. In other Court-conducted mediations, represented parties attend with their lawyers. For Court-ordered private mediation, the parties and their lawyers, if any, must attend unless the private mediator states otherwise. Voluntary private mediation follows the arrangements set by the mediator.

Step 4: What Happens After Mediation?

If an agreement is reached, its terms should be checked and written clearly. Parenting, maintenance, and property terms should include relevant dates, amounts, responsibilities, and fallback arrangements.

If the case is settled at Court-conducted mediation before Interim Judgment, the agreement will be formally recorded, and the parties will be directed to request an uncontested hearing date. When the spouses agree on all relevant issues, the case may proceed as an uncontested divorce in Singapore. In other proceedings, confirmed agreed terms will be recorded as a consent order.

If the Court ordered the parties to attend private mediation, they must update the Court on the outcome. If they settle, they may be directed to request an uncontested hearing date or apply for a consent order, depending on the stage of the case.

A voluntary private mediated agreement does not itself end the marriage or automatically become a court order. If divorce proceedings are filed or ongoing, the agreed terms should be included in the appropriate court documents and placed before the Court.

Unresolved issues may continue through negotiation or further mediation. If proceedings are ongoing, they may also proceed to a hearing.

Common Misconceptions

“The mediator will decide what is fair.”

The mediator helps both sides explore settlement but does not impose an outcome.

“I must accept the other party’s proposal at mediation.”

You do not have to accept a proposal, particularly if information is missing or the terms are unclear.

“Mediation only works if we already agree.”

Mediation can help even if several issues remain disputed. Even a partial settlement may still reduce time and cost.

“Everything said in mediation can be used against me.”

FDR mediation discussions are confidential and generally cannot be used against you at a later hearing. Documents that already existed do not become protected from use in court simply because they were discussed. Private mediation is also generally confidential, subject to the applicable law and mediation terms.

“A verbal agreement is enough.”

A verbal understanding may be unclear or incomplete. Important terms should be written clearly and placed before the Court where appropriate.

Frequently Asked Questions

Do I Need a Divorce Lawyer for Mediation in Singapore?

You do not have to appoint a lawyer solely because you are attending mediation. However, legal advice may be useful before agreeing to terms affecting children, maintenance, property, CPF monies, or long-term finances. You can also learn more about the firm and its approach to family matters on the About page.

What If My Spouse Refuses to Agree During Divorce Mediation?

The mediator cannot force either spouse to settle. If proceedings are ongoing, unresolved issues may proceed towards a hearing. If no case has been filed, the parties may continue negotiating or obtain advice on their next steps.

Can Divorce Mediation Deal With Missing Financial Documents or Suspected Hidden Assets?

The parties may discuss requests for information during mediation, but you should be careful about settling without reliable financial disclosure. Formal Court disclosure procedures may be available once divorce proceedings are ongoing.

Can Divorce Mediation Take Place Online in Singapore?

FDR mediation may take place online or in person, as directed by the Court. Private mediation may also be conducted online if the parties and mediator agree.

What If I Feel Intimidated or Unsafe During Mediation?

Raise the concern with your lawyer, mediator, or the Court as early as possible. In an FDR case, the Court may excuse parties from mediation, counselling, or both where attendance would not be in their or their children’s interests. Mediation may be unsuitable if a person cannot participate safely or freely.

Divorce mediation may resolve all or only some issues. It is most useful when both spouses are prepared, properly informed, and willing to consider workable terms. When mediation results in full agreement, understanding the process for an uncontested divorce can help the parties prepare for the next stage.

This information is general and does not constitute legal advice. If you are unsure what steps to take next, it may help to get advice tailored to your situation from an experienced divorce lawyer in Singapore. Contact me at 8039 9083 for a consultation.