Statute Details
- Title: Mediation Act 2017
- Full Title: An Act to promote, encourage and facilitate the resolution of disputes by mediation and for connected purposes
- Act Code: MA2017
- Type: Act of Parliament
- Status: Current version (as at 27 Mar 2026)
- Key Themes: Court support for mediation; confidentiality protections; evidentiary rules; enforceability of mediated settlements
- Key Definitions: “mediation”, “mediation agreement”, “mediation communication”, “mediated settlement agreement”, “certified mediator”, “designated mediation service provider”, “approved certification scheme”
- Selected Key Sections (from extract): s 8 (stay of court proceedings); s 9–11 (disclosure restrictions and evidentiary admissibility); s 12 (recording mediated settlement as court order); s 13–15 (rules, including Family Justice Rules); s 16 (transitional provisions)
- Commencement Date: Not provided in the extract (noted in legislative history as 1 Nov 2017, with certain provisions excluded initially)
What Is This Legislation About?
The Mediation Act 2017 (“MA”) is Singapore’s legislative framework for promoting mediation as a practical alternative to litigation and arbitration. In plain terms, it sets out (i) what counts as “mediation” and a “mediation agreement”, (ii) how mediation is supported by the courts, (iii) how confidentiality is protected so parties can speak freely, and (iv) how mediated settlements can be converted into enforceable court orders.
The Act is designed to make mediation safer and more predictable for commercial and civil disputes. Without confidentiality and clear evidentiary rules, parties may hesitate to negotiate openly. The MA therefore restricts what can be disclosed or relied upon in court or arbitration, while still allowing limited disclosure where a court or arbitral tribunal permits it.
In addition, the MA coordinates with Singapore’s broader dispute resolution ecosystem, including the Family Justice system and international mediation developments. It also provides a mechanism for designated mediation service providers and approved certification schemes, supporting quality and trust in the mediation process.
What Are the Key Provisions?
1. Core concepts: “mediation” and “mediation agreement” (ss 3–4). The Act defines “mediation” as a process involving one or more sessions where one or more mediators assist parties to identify issues, explore and generate options, communicate with one another, and voluntarily reach an agreement. Importantly, the definition is not limited to face-to-face meetings: a “session” includes meetings arranged or prepared for, and follow-up activities, and explicitly covers meetings conducted by electronic communication, video conferencing, or other electronic means.
For a mediation to fall within the MA’s framework, there must be a “mediation agreement”. The Act requires that a mediation agreement be in writing. A mediation agreement can be embedded as a clause in a contract or set out in a separate agreement. The Act also adopts a flexible approach to “in writing”: it is satisfied if the content is recorded in any form, even if the agreement was concluded orally, by conduct, or by other means. This is particularly useful in practice where parties may reach agreement through correspondence or other recorded communications.
2. Scope and exclusions (s 6). The MA generally applies to mediations conducted under a mediation agreement where the mediation is wholly or partly conducted in Singapore, or where the agreement provides that Singapore law (or this Act) applies. However, the Act carves out important categories where it does not apply. For example, it does not apply to mediation or conciliation proceedings, processes, schemes, or frameworks conducted under, or provided by, any written law. It also does not apply to mediation conducted by, or under a direction by, a court—unless the Minister extends the Act by order.
Practitioners should note the Minister’s power to extend or exclude provisions by Gazette order. This means the MA’s coverage can evolve for particular court-directed mediations or specified classes of mediation. In addition, the Act contains a specific clarification for international settlement agreements under the Singapore Convention on Mediation Act 2020: even if certain domestic exclusions would otherwise apply, an international settlement agreement may still qualify as a mediated settlement agreement for the MA’s purposes, and may be recorded as a court order if it has not already been recorded under the Singapore Convention framework.
3. Stay of court proceedings (s 8). One of the most practically significant features of mediation legislation is whether a party can be compelled to pause litigation to allow mediation to occur. Section 8 addresses this by providing for a stay of court proceedings where a party to a mediation agreement institutes proceedings against another. While the extract does not reproduce the full text of s 8, the operative concept is clear: where parties have agreed to mediate, the court can halt or suspend the court case to respect that agreement and facilitate mediation.
In practice, s 8 is often invoked as a procedural defence. A party resisting litigation may seek a stay on the basis that the dispute is within the scope of a valid mediation agreement and that mediation has not been concluded (or is ongoing). Counsel should therefore focus on drafting and evidence: the mediation agreement’s scope (“whole or part of the dispute”), the existence of a written agreement, and whether the dispute falls within the agreed subject matter.
4. Confidentiality and disclosure restrictions (ss 9–11). The MA contains a confidentiality regime that is central to mediation’s effectiveness. It restricts disclosure of mediation communications and regulates when mediation material can be admitted in evidence. The Act defines “mediation communication” broadly to include anything said or done, any document prepared, or any information provided for the purposes of or in the course of the mediation, including the mediation agreement or mediated settlement agreement.
As a result, parties should assume that statements made during mediation, documents exchanged, and proposals or admissions are protected. Section 10 addresses admissibility of mediation communications in evidence, generally preventing parties from using mediation communications to prove or disprove matters in court. Section 11 then provides a mechanism for disclosure or admission where a court or arbitral tribunal grants permission. This balances confidentiality with fairness: in exceptional circumstances, the tribunal may allow limited disclosure.
5. Recording mediated settlements as court orders (s 12). A mediated settlement is only as valuable as its enforceability. Section 12 enables a mediated settlement agreement to be recorded as an order of court. This is a powerful tool for practitioners because it converts a private settlement into a court-backed instrument, reducing enforcement risk and encouraging finality.
When advising clients, counsel should consider whether the settlement should be recorded as a court order, particularly where the counterparty’s performance is uncertain or where cross-border enforcement may be relevant. The MA’s confidentiality rules also interact with this: while mediation communications are protected, the final mediated settlement agreement itself may be used for recording and enforcement purposes.
6. Rules-making powers and Family Justice Rules (ss 13–15). The Act contemplates detailed procedural rules through the Rules of Court and, specifically for family matters, the Family Justice Rules Committee under the Family Justice Act. Section 14 indicates that family-specific procedural rules may be made to implement the MA’s framework in the Family Justice context. Section 15 empowers the Minister to make rules prescribing matters required or permitted by the Act.
For practitioners, this means that the MA’s practical operation will depend not only on the Act itself but also on subsidiary procedural instruments. When preparing applications for stays, permission for disclosure, or recording of settlements, counsel should check the relevant procedural rules and forms.
How Is This Legislation Structured?
The MA is structured around a straightforward progression:
(1) Definitions and scope: ss 1–6 establish the Act’s short title, interpretive provisions, what mediation is, what a mediation agreement must contain and how it must be evidenced, and when the Act applies or does not apply.
(2) Mediation support and confidentiality: ss 7–11 (as reflected in the long title and extract headings) cover designation/certification of mediation service providers and mediators, the stay of court proceedings, restrictions on disclosure, and evidentiary admissibility rules, including permission mechanisms.
(3) Settlement enforceability and procedural implementation: s 12 provides for recording mediated settlement agreements as court orders. ss 13–15 then address rules of court, family justice rules, and ministerial rules.
(4) Transitional provisions: s 16 addresses how the Act applies to ongoing matters or arrangements during the transition into the new legal framework.
Who Does This Legislation Apply To?
The MA applies to parties to a mediation agreement and to mediators and mediation service providers operating within the Act’s defined framework. It also affects courts and, where relevant, arbitral tribunals through its evidentiary and disclosure provisions. The Act binds the Government, which is significant for public sector disputes and government-linked contracting arrangements that may include mediation clauses.
In terms of mediation providers, the Act contemplates a system of designation and certification. “Mediation service providers” are bodies that provide mediation services and have procedures or rules governing mediation. “Approved certification schemes” and “certified mediators” support a quality assurance model. Practitioners should therefore consider whether the mediator is “certified” under an approved scheme, particularly where the mediation agreement or institutional rules require such certification.
Why Is This Legislation Important?
The Mediation Act 2017 is important because it addresses the two biggest barriers to mediation: (i) reluctance to mediate due to uncertainty about confidentiality and evidentiary consequences, and (ii) uncertainty about whether mediated outcomes can be effectively enforced. By restricting disclosure and limiting admissibility of mediation communications, the MA encourages candid negotiations. By enabling recording of mediated settlements as court orders, it supports finality and enforceability.
For litigators and dispute resolution practitioners, the Act provides procedural leverage. Section 8’s stay mechanism can shift a dispute from adversarial litigation to structured negotiation, aligning with party autonomy where parties have agreed to mediate. For counsel drafting mediation clauses, the Act’s requirements—particularly the need for a written mediation agreement and the broad definition of mediation communications—should inform clause design and advice on what can safely be said during mediation.
For mediators and mediation institutions, the Act’s designation and certification framework supports credibility and consistency. For clients, the practical effect is that mediation becomes a more reliable pathway to resolution, with legal safeguards that reduce strategic risk.
Related Legislation
- Arbitration Act 2001
- Family Justice Act 2014
- International Arbitration Act 1994
- Judicature Act 1969
- Singapore Convention on Mediation Act 2020
Source Documents
This article provides an overview of the Mediation Act 2017 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.