DRAFT REVISED LAW ON MEDIATION
INTRODUCTION
The Law on Mediation entered into force on 15 April 2013, comprising 6 chapters and 35 articles, for the purpose of establishing the legal basis for non-judicial settlement of legal disputes with the support of a mediator, and to regulate relations related to the implementation of mediation. While the enactment of this Law has resulted in notable progress in promoting the amicable, expeditious, and cost-effective resolution of disputes, there remains a need to strengthen the institutional framework and enhance its practical application, particularly by establishing mechanisms for the efficient resolution of commercial disputes in response to the evolving needs of the economy and the business sector.
Therefore, the Draft Revised Law on Mediation (hereinafter referred to as the "Draft Law") incorporates the following key regulations to strengthen and promote non-judicial mediation and establish mediation as an effective alternative dispute resolution:
- Established detailed regulations for non-judicial mediation procedures, the organizational structure of the Mediation Committee, the accreditation of the mediation Center, and the licensing, suspension, reinstatement, and revocation of non-judicial mediators;
- Provided the framework for resolving commercial disputes via mediation;
- Defined a mechanism to ensure the enforcement of the settlement agreements of mediation.
- Incorporated provisions to regulate commercial mediation in alignment with the conditions specified in the Singapore Convention on Mediation and the UNCITRAL Model Law;
- Incorporated provisions to enhance the flexibility of the mediation process by embedding the principles of independence and equality, including the option to select or opt out of a mediator.
- Reduced the mediation timeframe from 30 days to within 20 days to align with the specific civil procedure timelines under the Civil Procedure Code (extendable by an additional 20 days upon request of the parties)
- Expanded the formats for conducting mediation proceedings and incorporated provisions creating a legal framework for parties to participate electronically upon request.
