In Singapore, contested divorce proceedings may be resolved by way of litigation, i.e., court battles, or mediation. Divorce mediation in Singapore offers couples a collaborative and less adversarial approach to resolving disputes compared to traditional courtroom battles. Amidst emotional upheaval, having a skilled lawyer involved can greatly facilitate the mediation process, ensuring legal compliance and protecting each party’s rights.
In brief, if parties are able to reach a mutually agreeable resolution to the issues, the Family Justice Courts will grant a consent order or a court order reflecting the agreed terms thus making the terms of the agreement binding. In this article, we explore some of the pivotal roles lawyers play in divorce mediation in Singapore:
- Legal Guidance and Advice
Divorce proceedings can be complicated both legally and emotionally, and in these difficult times, it is important to seek guidance. One of the primary roles of a divorce lawyer in mediation is to provide clear and comprehensive legal advice to clients. This includes explaining the implications of various solutions proposed during mediation, these include matters relating to the division of matrimonial assets, child-related issues (i.e., custody, care and control, and access), and spousal and child maintenance.
Divorce lawyers ensure that their clients understand their legal rights and obligations under the Women’s Charter 1961 (“Women’s Charter”) thus providing a comprehensive view of the circumstances and allowing the clients to make an informed decision.
- Facilitation of Communication
Mediation involves an open dialogue between the parties, oftentimes through their divorce lawyers (if any), facilitated by a mediator (who often is a Family Court Judge). Divorce lawyers act as representatives of the respective parties, helping to facilitate a constructive dialogue between the parties and helping to bridge any gaps in understanding or agreement. The aim of each mediation is to try to bring the parties’ positions as close to each other as possible and eventually try to settle the dispute amicably.
Essentially, divorce lawyers ensure that discussions remain focused on the relevant issues and help manage emotions to maintain a productive atmosphere that is conducive to reaching a mutually acceptable solution.
- Preparation and Strategy
While divorce mediation is not the adversarial process that litigation is, it is necessary to prepare and strategize before the mediation sessions. Divorce lawyers will diligently prepare their clients by reviewing the facts of the case, identifying potential areas of compromise, and formulating negotiation strategies.
Divorces are emotionally challenging times, and it is easy for couples to be distracted and emotionally charged thus clouding their better judgement. Divorce lawyers can help clients articulate their goals and interests clearly and strategize on how best to achieve them through mediation. This preparation enhances their client’s confidence and readiness to engage in a constructive dialogue during mediation sessions which is necessary to increase the likelihood of a successful amicable resolution.
- Drafting and Reviewing Agreements
Once agreements are reached during mediation or an out-of-court negotiation, divorce lawyers play a crucial role in drafting the Draft Consent Order (in contested divorces) and Draft Interim Judgement (in uncontested divorces) that reflect the terms and conditions agreed upon by both parties. Divorce lawyers ensure that the agreements are fair and compliant with the principles of family law in Singapore. Importantly, divorce lawyers ensure that their client’s rights and interests are protected.
- Legal Compliance and Enforcement
A divorce lawyer ensures that any agreement reached through mediation is enforceable, i.e., the terms of the agreement are in accordance with the legal principles, if necessary. Divorce lawyers should review any proposed settlements to ensure that the terms cover all necessary legal aspects and issues relating to the divorce such as the division of the matrimonial assets, child custody, care and control, and maintenance.
After reviewing the terms of the agreement, divorce lawyers advise their clients on the implications of signing the final agreement as well as advise them of the rights and obligations under the agreement or Consent Order. This ensures that the mediated settlement provides a secure and legally binding resolution to the divorce proceedings.
- Representation in Court, if Needed
The goal of mediation is to avoid litigation and aim for an amicable resolution to the dispute. However, there are times when the issues are too complex to be settled at mediation or when parties are too acrimonious and attempts at mediation are fruitless.
In such instances, the matter has no choice but to be litigated and it is important to have a divorce lawyer who is familiar with the details of the mediation process and the history of negotiations as this can provide continuity and effective representation in court proceedings. This ensures that the client’s interests are effectively advocated in any subsequent legal proceedings.
- Maintaining Objectivity and Fairness
Throughout any legal proceedings, legal professionals such as lawyers should maintain objectivity and advocate for their client’s interests while also promoting fairness and equity. Particularly, in divorce mediation where the aim is to resolve any disputes amicably and if there are children involved, it is important to foster a healthy environment for the parties to co-parent.
Divorce lawyers help clients evaluate proposals from a legal standpoint and advise on the potential consequences of various options while also considering the wishes and desires of the client. This balanced approach helps ensure that the mediated agreement is equitable and sustainable over the long term.
- Benefits and Risk of Engaging “Cheap Lawyers”
Costs are an understandable concern for anyone and with varied options for divorce lawyers, “cheap lawyers” or those offering reduced fees, may provide a sustainable solution for some. However, it is important to consider any potential risk.
Engaging a “cheap lawyer” has the obvious benefit of saving costs in the short term and it provides access to legal services to those on a tight budget. While cheaper legal fees do not necessarily translate to poor quality, it is important to consider the complexity of the matter before deciding to save costs.
Consider that engaging a “cheap lawyer” may be due to lesser experience or that the scope of services may be limited. This could mean that they lack the strategic insight to effectively represent their client. Additionally, a “cheap lawyer” may lack the resources to handle complex legal matters which may lead to additional costs if the client has to engage another lawyer.
Conclusion
In Singapore, divorce mediation offers couples a constructive and effective alternative to traditional litigation, emphasising cooperation and mutual agreement. The role of divorce lawyers in this process is indispensable, providing legal guidance, advocacy, and support to ensure their clients’ interests are protected and their rights upheld. By leveraging their expertise and experience in family law and mediation, divorce lawyers facilitate smoother and more efficient resolutions, ultimately helping couples transition to the next phase of their lives with clarity and confidence.
For couples considering divorce mediation in Singapore, consulting with a knowledgeable and experienced lawyer is essential. While cost considerations are important, prioritising quality legal representation ensures a more effective and successful mediation process, leading to fair and sustainable outcomes for all parties involved.
