Women’s Charter - Singapore Statutes Online

Court may refer parties for mediation, etc.

50.—(1) A court before which any proceedings under this Act (other than proceedings under section 104) are being heard may give consideration to the possibility of a harmonious resolution of the matter and for this purpose may, with the consent of the parties, refer the parties for mediation by such person as the parties may agree or, failing such agreement, as the court may appoint.

[30/96]

(2) A court before which any proceedings under this Act are being heard may, if the court considers that doing so is in the interests of the parties and their children, at any stage in those proceedings direct or advise any of the parties or their children —

(a)	to attend mediation conducted by such person as every party or child attending the mediation may agree or, failing such agreement, as the court may appoint;
(b)	to attend counselling provided by such person as the court may direct; or
(c)	to participate in such family support programme or activity as the court may direct. [Act 7 of 2016 wef 01/07/2016]

(3) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any direction or advice referred to in subsection (2) does not constitute a contempt of court.

[30/96]

[Act 19 of 2016 wef 01/10/2017]

(3A) A court before which any proceedings under Part X are being heard shall, where the proceedings involve such classes of persons (being persons who have children to the marriage) as may be prescribed by the Minister, do either or both of the following:

(a)	order the parties to attend mediation conducted by such person as the court may appoint;
(b)	order the parties or their children or both, at any stage in the proceedings, to attend counselling provided by such person as the court may direct. [2/2011 wef 01/06/2011] [Act 7 of 2016 wef 01/07/2016]

(3B) Notwithstanding subsection (3A), the court may, in any case where it considers that it may not be in the interests of the parties or their children to attend mediation or counselling, as the case may be, dispense with an order requiring such mediation or counselling.

[2/2011 wef 01/06/2011]

(3C) Where the court has made an order under subsection (3A), the parties concerned shall comply with it.

[2/2011 wef 01/06/2011]

(3D) Where a person fails to comply with any direction or advice given by the court under subsection (2) in any proceedings under Part X or any order made by a court under subsection (3A), the court may make such further orders as it thinks fit.

[2/2011 wef 01/06/2011]

(3E) Without prejudice to the generality of subsection (3D), the further orders that may be made by a court under that subsection shall include the following orders:

(a)	an order that proceedings shall be stayed until the parties have attended such mediation or counselling, or participated in such family support programme or activity, as may be specified in any advice or direction made by the court under subsection (2) or an order made by the court under subsection (3A); and [Act 7 of 2016 wef 01/07/2016]
(b)	such order as to costs as the court thinks appropriate against the party who fails to comply with any advice or direction made by the court under subsection (2) or an order made by the court under subsection (3A). [2/2011 wef 01/06/2011]

(4) Anything said, any document prepared, and any information provided, by any person for the purposes of or in the course of any mediation, any counselling or any family support programme or activity under this section is not to be admitted in evidence in any court.

[Act 7 of 2016 wef 01/07/2016]

(5) No liability shall lie personally against any person conducting any mediation for the purposes of subsection (1), (2)(a) or (3A)(a), providing any counselling for the purposes of subsection (2)(b) or (3A)(b), or conducting any family support programme or activity for the purposes of subsection (2)(c), who, acting in good faith and with reasonable care, does or omits to do anything for the purposes of that mediation, counselling or family support programme or activity (as the case may be).

[Act 7 of 2016 wef 01/07/2016]

(6) In this section, “family support programme or activity” means any programme or activity carried out for the purpose of addressing or resolving any relationship issue or relationship problem between spouses or former spouses, between siblings or between parent and child.

[Act 7 of 2016 wef 01/07/2016]

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