The SIMC Covid-19 Protocol provides a swift and inexpensive route to resolve commercial disputes during the Covid-19 period.
The Protocol focuses on international matters. Businesses can address their disputes in a manner that is commercially-driven and future-oriented. This will help them to overcome the challenges posed by the pandemic.
The Covid-19 pandemic has severely impacted global business communities, threatening commercial relationships and leading to disputes.
With expedited mediation, businesses may devote their resources towards navigating other challenges, instead of diverting them to conduct
potentially protracted and expensive legal proceedings. This will put them in a stronger position to recover amidst the growing economic uncertainty.
The Protocol is designed to complement legislation on Covid-19. In Singapore, parties who enjoy relief under the COVID-19 (Temporary Measures) Act 2020 (“the Act”), can mediate at any time – even after an Assessor’s determination.
Settlement agreements are enforceable. They may be recorded as court orders under the Mediation Act 2017 or enforced under the Singapore Convention on Mediation (from 12 September 2020 in countries that have ratified the Convention).
Key Features:
(1) Parties file for mediation under the Protocol via this request form and pay a S$267.50 (inclusive of GST) filing fee.
(2) SIMC will organise the mediation within 10 working days.
(3) Parties will enjoy reduced fees based on dispute amount. SIMC will exercise flexibility in appropriate cases (See Fee Schedule below).
(4) Cases will be matched with experienced mediators to facilitate settlement.
(5) Mediation is conducted online.
(6) The Protocol shall be in force until 31 December 2022.
(7) The Protocol applies whether a dispute was to a material extent caused by the pandemic or legislation relating to the pandemic.
How it Works:
1. File a Case (Filing fee: S$267.50 w/GST)
2. SIMC organises the mediation, including selection and appointment of mediator
3. Mediation takes place online
4. Post-mediation follow-up
Contact Us
Call us for a complimentary and non-obligatory consultation on mediating with us. We can exercise flexibility in the appropriate cases.
If you are unsure if mediation is right for your dispute, please email us or call/text +65 9456 3717.
To file a case, you can download the following Request Form or email us: secretariat@old.simc.com.sg.
Fee Schedule*
*As at May 2020; Inclusive of mediator’s fees and subject to the following conditions. #If more than two parties, a discount may be considered.
(1) The fee schedule applies to a 2-party mediation, based on the total value of the amounts claimed (“the dispute value”). For mediations involving more than 2 parties, SIMC will determine a discount in consultation with the parties.
(2) SIMC selects the mediator(s). Generally, the experience of the mediator will commensurate with the complexity of the matter, for which the dispute value is a proxy indicator. Where parties decide to choose their own mediator, the mediator’s commercial rates may apply.
(3) For offline mediations, SIMC reserves the right to determine the physical venue of the mediation. Where parties decide to choose their own venue, different rates may apply.
(4) Based on a total of eight (8) hours in pre-mediation preparation and mediation time (i.e. excluding overtime, weekend and public holiday charges).
(5) Where the total dispute amount cannot be quantified, SIMC will determine the payable fees in consultation with parties.
(6) Where the mediator deems the matter to be complex, e.g. requires more preparation time and/or pre-mediation, SIMC will discuss with the parties on a reasonable top-up to the payable fees. If there is no agreement on the top-up, parties may seek SIMC’s assistance to select another mediator at no extra cost.
(7) For cases that do not fall within the above parameters, or if you have special requests and considerations, please contact SIMC for a complimentary and non-obligatory discussion. SIMC commits to exercising flexibility on its fees, to reflect the unique differences and services required for each case.