may direct the parties to facilitate the settlement of their dispute before the court by way of mediation as stipulated under Order 34 Rule 2 of the Rules of Court 2012. Mediation can be suggested at any stage of the court proceeding even after trial has commenced or even at the appeal stage. Under the Practice Direction, mediation can be conducted in three modes. These are judge-led mediation, AIAC and mediation conducted by other mediators agreeable by both parties. When the parties agree on mediation, each party is to complete the mediation agreement provided in Form 1 of this Practice Direction. All communications made during mediation are ‘without prejudice’, thus confidential unless expressly waived by the parties. The parties are also required to report the progress of the mediation or the outcome of the mediation to the court. If mediation fails, the court may give any other direction at its discretion. In your experience, what is key to mediation success? For mediation to be successful, all decision makers must be present during mediation and should enter the mediation process with the desire and ability to engage in negotiations that may lead to settlement. Furthermore, effective mediation requires listening to what is being communicated, as this will yield understanding, and from understanding we may come to an agreement. It is important to note that listening does not mean you must agree with your opponent, but simply that you must be patient and non-judgmental in taking in what the opponent is communicating. In your experience, what factors typically cause mediation to fail? How can these factors be avoided or otherwise mitigated? Parties should enter the mediation process with the idea that the case can be settled. If their attitudes are negative and expectations low, mediation does not have much of a chance to succeed. Hence, we need to ensure that before mediation begins, parties should evaluate their emotions and remain calm throughout the mediation process. THOUGHT LEADER 85 All communications made during mediation are ‘without prejudice’, thus confidential unless expressly waived by the parties.
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