Dispute Resolution FAQ
Q: What can I do to resolve my dispute?
A: Disputes can be resolved through litigation, arbitration or mediation. Depending on the nature of the dispute, adjudication may also be a viable option.
Q: What is litigation?
A: Litigation is the process of resolving an action (lawsuit) in Court. The party initiating the action is referred to as the plaintiff, while the party being claimed against is referred to as the defendant. Litigation is the most formal out of the processes available, as parties have to comply with the Court’s procedures, orders, and eventually, judgment.
Q: What is arbitration?
A: Arbitration is a popular alternative to litigation, as it provides a private and confidential way for parties to resolve disputes. Instead of court judges, impartial third parties known as arbitrators are appointed by the parties themselves, to determine the issues in dispute.
Q: What is adjudication?
A: Adjudication is a quick and low-cost procedure for resolving payment disputes in the building and construction industry, provided by the Building and Construction Industry Security of Payment Act (SOP Act) in Singapore. Under the Act, an authorised nominating body (currently the Singapore Mediation Centre) will appoint an adjudicator to determine each adjudication application, after which an adjudication determination is issued. Adjudication is an effective way for many contractors, sub-contractors, and suppliers to maintain healthy cash flow, as the adjudication determination can be used in the Singapore courts to enforce payment.
Q: What is mediation?
A: Mediation is a voluntary process where parties engage the assistance of a neutral third party to facilitate negotiations between them, with a view to resolving the dispute privately in an amicable manner. The mediation process is informal, non-confrontational and conducted on a “without prejudice” basis, allowing parties to explore different options and arrive at creative and pragmatic solutions to their disputes.
Contact us to find out which process is the most suitable for you.
While we have taken care to ensure the accuracy of the information provided on this website, it is not meant to be and you should not rely on it as legal advice.