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Expansion of Presumption of ADR
The State Courts
Practice Directions Amendment No. 4 of 2014, which was passed on 19 March 2014, took effect on 1 April 2014.
These amendments expand the "Presumption of ADR" for civil suits (excluding motor accident and personal injury claims). Apart from summonses for directions, the "presumption" and the requirement to file the ADR Form will now apply to cases that are called for pre-trial conferences 4 months after the writ is filed. PTCs will be called for cases in which 4 months have lapsed from the date of writ; a Defence has been filed; no SFD or application for summary judgment, striking out, stay, transfer or consolidation of proceedings has been taken out; and no CDR session has been fixed.
The presumption of ADR was first introduced in May 2012 in consultation with a Law Society working group. The principles of this scheme, which was publicised in the
Law Society Gazette, remains the same.
The changes to our Practice Directions apply to writs filed on or after 1 April 2014. In order to help lawyers be familiar with these new PTCs,
the State Courts will be introducing a pilot from 5 May 2014 onwards. PTC letters will be sent to lawyers involved in the relevant 4-month old writs. Formal implementation will then take place in August 2014.
30 September 2013
The Practice Directions have been amended from 30 September 2013 onwards to introduce eLitigation. Please note the following changes to practice within PDRC:
(a) Requests for CDR should no longer be faxed using Form 7 of the Practice Directions. Form 7 has been deleted.
All Requests for CDR must be filed through eLitigation. Refer to this
guide for steps on filing the Request.
(b) Requests for adjournment or vacation of CDR sessions should no longer be faxed using Form 8 of the Practice Directions. Form 8 has been deleted. A "Request for Re-fixing/Vacation of Hearing Dates" must now be filed through eLitigation. Please also refer to the above guide for steps on filing this request.
Correspondence to PDRC should no longer be faxed to PDRC. The relevant "request" has to be filed through eLitigation. Refer to paragraph 139 of the Practice Directions.
(d) Minor changes have been made to the Opening Statement Template for Neutral Evaluation. Opening Statements for both Mediation and Neutral Evaluation may be downloaded
on this website. These should be tendered in hard copy to PDRC at least 2 days before the mediation or neutral evaluation. As "without prejudice" documents, they should not be filed within eLitigation.
(e) NIMA and PI cases: A
new Form 9I (recording settlement / entering judgment by consent) has been introduced. All other forms (indication forms, Form 9C for O37 directions) have not been changed.
The Singapore Mediation Centre launched its inaugural Mediation Advocacy workshop for lawyers in May 2013, with the support of the Subordinate Courts and Law Society. These regular workshops are now being run by Singapore Mediation Centre. Sign up to learn how to represent and advance your clients' interests more effectively during mediation.
Please refer also to
an article on Mediation Advocacy written by PDRC in September 2012.
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