Divorce Mediation in Singapore

Last updated on June 1, 2018

Featured image for the "Divorce Mediation in Singapore" article. It features a family in a mediation session with a professional.

There is a growing number of mediation schemes in place for couples seeking a divorce in Singapore. If you are considering a divorce, or are undergoing divorce proceedings, you are highly encouraged to attend mediation sessions. This may help to expedite agreements regarding custody and assets, and end the marriage in a more amicable manner.

There are two possible routes for mediation:

  • Court-based mediation
  • Private family mediation (Conducted out of court)

Court-based Mediation

I. Child Focused Resolution Centre mediation sessions

Mediation sessions conducted at the Child Focused Resolution Centre (CFRC) are compulsory for couples with children under 21 years of age, and who are opting for a contested divorce. Divorcing couples will be sent formal notices to attend the sessions, which are conducted free of charge.

Should you have appointed lawyers to represent you, you should attend these sessions with your lawyer so that he/she may advise you on various matters, such as whether the proposal by your spouse is considered reasonable.

The sessions will be conducted at the early stages of the divorce proceedings, usually between the time of filing of divorce papers and the first divorce hearing. The duration of the sessions may vary according to the complexity of the case. Typically, cases are settled within 3 sessions or less. The mediators involved include trained judge-mediators and family counsellors.

The focus of these mediation sessions are on the children and their needs following their parents’ divorce. Couples will be directed to discuss issues of custody upon identifying the child’s best interests. 

It is hoped that couples reach reasonable agreements to ensure the child maintains a positive relationship with both parents. The sessions will also aid couples in working out a co-parenting arrangement tailored to meet the unique needs of every child, rather than leave these decisions in the hands of a judge.

When both parties manage to reach an agreement, the judge will record it and it will be binding on them by law. Should the mediation sessions not work out, you can still bring the proceedings to court for hearing. Information shared during the mediation sessions in CFRC is not allowed to be used as evidence in court.

The CFRC is located at two locations:

  1. Central Mall (Office Tower), 1 Magazine Road #04-10/13, S059567 – for those with children under 14 years old
  2. Family Justice Courts Level 4, 3 Havelock Square, S059725 – for those with children between the ages of 14 and 21

II. Mediation ordered by the family court

Under the Family Justice Act, the court is empowered to direct suitable cases to mediation or counselling services provided by the courts. Such cases would have commenced proceedings and is likely to be in the midst of hearings.

Given that judges take a more pro-active role in directing proceedings in divorce cases, they will be able to better understand and assess if the dispute could be resolved more amicably and quickly through mediation or counselling.

For cases considered suitable by the family court judge, mediation will be held at the Family Resolution Chambers at Level 4 of the Family Justice Courts. The mediators involved include trained judge-mediators and family counsellors. Similar to mediation at the CFRC, should both parties manage to reach an agreement, the judge will record it and it will be binding on them by law.

Co-mediation may be necessary if the judge considers that there are complex legal and emotional issues involved in the case. During co-mediation sessions, a judge-mediator and family counsellor will be present to help the couple and lawyers address such issues more holistically.

Where necessary, sessions will be arranged for the children to speak to the judge-mediator or family counsellor.

Private/Out-of-Court Mediation

Unlike court-based mediation sessions which are mostly compulsory or directed, these private mediation sessions are voluntary and applicants have to take the initiative to sign up for such mediation schemes. With private mediation, parties are in a better position to decide the time frame of the mediation process as compared to that for court-based mediation.

Parties may also undergo mediation before filing any court papers, thus leaving open the possibility of an uncontested divorce should the result of mediation be successful. However, private mediation comes at a fee, unlike court-based mediation sessions.

I. Family Mediation Scheme

The Singapore Mediation Centre (SMC) has developed a cheaper and faster alternative to litigation of matrimonial matters, in the form of the Family Mediation Scheme. Under this scheme, the mediator, as a neutral third party, will assist couples undergoing divorce to resolve the relevant issues involved.

The mediators appointed by SMC comprise of judges, family law practitioners and legal professionals jointly accredited by SMC and the Family Justice Courts. The mediation can be initiated by a sole party; following which SMC will contact the other party to try and convince him/her to participate in mediation.

The aims of the Family Mediation Scheme are:

  1.       To encourage a constructive and conciliatory approach to resolution of matrimonial disputes
  2.       Resolve matrimonial disputes in an effectively and timely manner
  3.       Help to maintain long-term family relationships, while reducing emotional turmoil for parties
  4.       Ensure that costs are kept affordable

The sessions will be conducted in absolute confidentiality, with no recording in any form allowed. Following mediation, should the parties manage to reach an agreement, it will only be binding when it is recorded in writing and signed by both parties.

If no agreement was reached, at the request of the parties and with the consent of the mediator, the mediator will produce a non-binding written recommendation of the terms of settlement. Nonetheless, this recommendation is merely the mediator’s personal assessment and is not to be used in any proceedings.

Each party is required to pay an initial, non-refundable filing fee of $267.50 to SMC. Following which, the mediation fee payable per party per day is $2,140. Additional charges may apply should the sessions be conducted overtime, or on a weekend or public holiday. Should parties choose their own mediator, the mediator is entitled to charge commercial rates and the mediation fee will not be applicable.

More details on the procedure and payment of the scheme can be found at Singapore Mediation Centre’s website. The application form for mediation at SMC can also be obtained from its website.

II. Collaborative Family Practice

The Collaborative Family Practice (CFP) was introduced in 2013 and is an alternative option divorcing couples can consider. Similar to the Family Mediation Scheme, the CFP is run by SMC. The CFP is undertaken before the commencement of any court proceedings, and must be agreed on by both parties.

Most disputes will be suitable for CFP, except those which involve:

  1. A party who is incapacitated in some way;
  2. There is a history of violence or substance abuse; or
  3. There are serious concerns about dishonesty.

Under CFP, specially-trained lawyers are assigned to help couples negotiate issues involved in a divorce. It aims to assist couples in reaching an agreement by addressing the needs of both parties, thereby avoiding the acrimony caused by litigation altogether.

The CFP lawyers will play a more facilitative role by encouraging the couple to communicate directly with each other. They will provide legal advice where necessary, and try to help parties reach a consensus on legal issues. Should an agreement be reached between parties through the CFP, the agreement will be filed with the Family Justice Courts, which will prioritize closing the case.

However, should the couple fail to reach an agreement, the representing lawyers are not allowed to further represent their clients. Instead, parties will have to engage another lawyer to represent them for divorce proceedings. This incentivizes couples to reach a resolution. 

Nonetheless, this may also mean that acrimonious couples whose negotiations are in a stalemate may be stranded, unless they are willing to pay the cost of hiring another lawyer out of the scheme. In contrast, under mediation outside of the CFP, even if negotiations were futile, parties are allowed to retain their lawyers and commence court proceedings.

A deposit is payable to SMC once the CFP lawyers are assigned. Do note that there is a fixed hourly rate of $428 under the CFP. The application form for the CFP can be similarly obtained from the SMC website.

Mediation is Not a Must

Nonetheless, divorce mediation may not be necessary for every couple undergoing divorce. If couples, especially those opting for an uncontested divorce, are able to reach a consensus amongst themselves on the key issues, mediation may be unnecessary. Hence it is best for divorcing couples to discern their most appropriate course of action before commencing divorce proceedings.

Before getting a divorce
  1. Drafting a Deed of Separation in Singapore (Instead of Divorcing)
  2. Alternatives to Divorce in Singapore: A Practical Guide
  3. Process for Getting Divorced in Singapore (With Diagram)
  4. What are the Legal Grounds for Getting a Divorce?
  5. 3 Finance Questions To Ask Before a Divorce
  6. Practical Preparations for a Divorce
  7. How to Divorce Within 3 Years of Marriage in Singapore
  8. Getting Divorced: Documents and Evidence to Prepare
  9. Getting a Divorce Due to “Irreconcilable Differences” in Singapore
  10. Online Divorce in Singapore: How It Works and Should You Get One?
  11. How Can I Divorce Overseas After Marrying in Singapore?
Divorce Fees
  1. Comprehensive Guide to Divorce Fees in Singapore
Getting a Divorce Lawyer
  1. 7 Experienced Female Divorce Lawyers in Singapore (2023)
  2. Can a Divorcing Couple Use the Same Lawyer? Pros and Cons
  3. 7 Best Divorce and Family Lawyers in Singapore (2023)
  4. The Complete Guide to Choosing a Good Divorce Lawyer in Singapore
  5. Don’t Just Go for the Cheapest Divorce Lawyer in Singapore
  6. Find Highly Rated Divorce Lawyers in Singapore
  7. Child Custody Lawyers in Singapore: Do I Need One?
Proving Irretrievable Breakdown of Marriage
  1. How to Prove Adultery for Divorce Purposes in Singapore
  2. Getting a Divorce: How to Prove Desertion
  3. Getting a Divorce by Mutual Agreement in Singapore
  4. How to Prove Unreasonable Behaviour in a Singapore Divorce
  5. How to Prove Separation for a Singapore Divorce
Application for Divorce Part I: Dissolution of Marriage
  1. Your Spouse Doesn't Want to Divorce: What to Do
  2. Procedure for Dissolution of Marriage
  3. Simplified Uncontested Divorce vs Contested Divorce in Singapore
  4. Mandatory Parenting Programme Guide for Divorcing Parents
  5. Divorce Mediation in Singapore
  6. Divorce Application: What to Do If Your Spouse Cannot be Found
Application for Divorce Part 2: Ancillary Matters (Maintenance, Assets, Custody)
  1. Contempt of Court in Divorce: When You Can be Punished
  2. Guide to Co-Parenting for Divorcing Parents in Singapore
  3. Procedure for Ancillary Matters
  4. Maintenance of Spouse in a Singapore Divorce
  5. Filling in a Matrimonial Property Plan for a Singapore Divorce
  6. Dividing Matrimonial Assets in a Singapore Divorce
  7. What Happens to Your HDB Flat after Divorce?
  8. What Happens to Gifts Between Spouses During a Divorce?
  9. What Happens to Property and Assets Located Overseas Upon a Divorce in Singapore?
  10. Child Custody, Care and Control & Access: Singapore Guide
  11. Getting Divorced: Child Maintenance in Singapore
  12. Singapore Divorcee's Guide to Relocating Your Child Overseas
  1. How to Vary a Child Custody Order in Singapore
  2. How to Appeal Your Divorce Case in Singapore
  3. Divorce Certs in Singapore: How to Get a Copy and Other FAQs
  4. Transfer of Matrimonial Home to Ex-Spouse After Divorce
  5. Can Divorcees Buy or Rent HDB Flats, and How?
  6. What to Do If Your Ex-Spouse Does Not Provide Maintenance
  7. How to Vary a Maintenance Order After a Singapore Divorce
  8. What to Do If Your Ex-Spouse Denies You Access to Your Child
  9. Division of CPF Assets (Monies, House, Investments) After a Divorce
Expatriate Divorce
  1. Divorce for British Expats: Spousal Maintenance Under the Law of England and Wales
  2. Settling Ancillary Matters in Singapore After Foreign Divorce
  3. Typical issues in Singapore/England Divorces
  4. Immigration Issues for Divorcing Expatriates
  5. Can Foreigners Divorce in Singapore?
  6. Expat or Foreigner Divorce in Singapore: 10 Legal Issues to Consider
  7. Hague Convention: Overseas Child Abduction in Singapore Divorce
  8. Case Study: Cross-Border Child Custody and the Hague Convention on International Child Abduction
  9. Can British Expats in Singapore Choose to Divorce in England?
  10. Divorce for British Expats: Approach to Matrimonial and Non-Matrimonial Assets in England vs Singapore
  11. Divorce for British Expats: How the English Courts Deal with Financial Matters
Muslim or Syariah Divorce
  1. Fasakh in a Muslim Divorce in Singapore: Grounds & Process
  2. Divorce by Cerai Taklik: Guide for Muslim Wives in Singapore
  3. Muslim Divorce in Singapore
  4. Talak in a Muslim Divorce in Singapore (and Its Effects)
  5. Guide to Divorcing by Khuluk for Muslim Wives in Singapore
  6. Applying for Nafkah Idaah and Mutaah in a Muslim Divorce in Singapore
Other divorce matters
  1. Guide to Personal Protection Orders in Singapore
  2. Case Study - Love conquers All: The Divorce That Didn’t Happen
  1. Annulling a Singapore Marriage: Requirements and Process
  2. What Happens to Your HDB Flat After an Annulment?
  1. Separation in Singapore Via Deed of Separation and More
  2. Judicial or Legal Separation in Singapore: When and How to File
Prenuptial and Post-Nuptial Agreements
  1. Prenuptial Agreements in Singapore
  2. Should You Make a Post-Nuptial Agreement in Singapore?