If you and your spouse cannot agree on the terms of the divorce, the court will often fix the case for mediation.
Mediation is essentially negotiations between the parties with the assistance of a judge (or other judicial officer).
Leading up to the mediation, the court will usually direct the parties to exchange copies of documents including:
-each party's IRS notices of assessment for the past 3 years.
-each party's bank statements for the past 3 to 6 months.
-each party's CPF statements showing the balances in their CPF accounts.
-each party's CPF statements showing the amount paid towards the property and accrued interest.
-each party's list of expenses (and, if any, child(ren)'s expenses).
-each party's payslips for past 3 to 6 months.
-each party's documents showing the value of the property and the amount outstanding on the housing loan.
Mediation will be conducted on a without prejudice basis.This means that all communications made in the course of mediation will be treated in strict confidence and will not be admissible in any court unless otherwise stipulated by law.
At the mediation session, the judge (or other judicial officer) will guide the parties and their lawyers.
Often, the outstanding issues (which the parties are unable to agree on) will be identified.Then, each party's position will be determined (so that the gap between them is clarified).
The judge may organize the mediation session as he or she deems fit, including:
-seeing and speaking with all the parties and their lawyers.
-seeing and speaking with one (or the other) party and that party's lawyers only; and/or
-seeing and speaking with one (or the other) party without his or her lawyers.
If the dispute is not resolved at the mediation session, the court will direct the case to proceed to trial.
The case will then be heard by a judge other than the judicial officer conducting the mediation.
The above is not legal advice and should not be taken as such.
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