Mandatory mediation a step in the right direction in solving neighbour disputes: Experts

Proposed changes to the law that will make it mandatory for neighbours to iron out their differences through mediation will go a long way towards helping to resolve disputes, community leaders and experts said.

Commenting on the suggested enhancements to the laws governing community disputes, community leaders and experts told The Straits Times that these would help address difficulties in getting parties to go for mediation.

Under the proposed changes to the Community Disputes Resolution Act, agencies such as the Community Mediation Centre (CMC) will be given the power to issue a mediation direction requiring disputing neighbours to go for mediation. Those who fail to comply can be fined up to $1,500.

The changes also stipulate the formation of a new Community Relations Unit, which can issue abatement orders in severe noise disputes to compel nuisance-makers to stop. Not following an abatement order can result in a fine of up to $10,000 for a first offence.

The changes were announced on Aug 12 and will be tabled in Parliament later in the year.

At the moment, less than 30 per cent of dispute cases between neighbours proceed to mediation at the CMC, even though mediation has been shown to be effective. Currently, mediation at the centre is voluntary.

The Ministry of Culture, Community and Youth, Ministry of Law and Ministry of National Development said in their statement on Aug 12 that more than 80 per cent of mediation cases handled by the CMC are amicably resolved.

Dr William Wan, chairman of the Community Advisory Panel on Neighbourhood Noise, said making mediation mandatory will mean that “more disputes will have the benefit of having a neutral third party to facilitate discussion”.

“It will be too optimistic to say that the proposed amendments will resolve all the disputes, but they will certainly move the needle forward,” he said.

Dr Wan said the proposed amendments align with values that the Community Advisory Panel on Neighbourhood Noise recommends to manage noise issues.

The panel’s recommendations include building good relationships with neighbours and practising considerate behaviour like keeping noise down at night.

“Encouraging community norms alone is not sufficient. You can recommend people to adhere to the norms, but unless there is some action by the authorities to provide teeth to guidelines, some may not take it seriously,” said Dr Wan.

Mr Richard Siaw, managing director of law firm R.S. Solomon, pointed to the benefits of dialogue, saying it would help parties recognise the root problems they face, carry out appropriate remedies, and prevent matters from escalating.

The fact that agencies can take more forceful actions, such as issuing abatement orders, will also allow community disputes to be nipped in the bud, he added.

“Such timely and assertive intervention will prevent hostilities between the disputing parties from escalating and stop minor (wrongful) acts from evolving into serious transgressions and becoming a regular occurrence,” said Mr Siaw.

A volunteer community mediator at the CMC, Mr Thirunal Karasu Palaniappan, said directing parties to mediation will help lead to a quicker resolution, as lengthy court proceedings can be avoided.

“While a small number may initially come for mediation with an unwilling attitude, this often changes during the mediation process,” he said.

“The process itself is a victory, regardless of the outcome, as it fosters communication and mutual understanding.”

But Mr Ganesan Kulandai, a grassroots leader in Tanjong Pagar’s Everton Park estate, said involving the authorities through mediation directives could create more tension, as making an issue “official” may send a message to the other party that they are not willing to talk it out informally.

The 69-year-old, who has lived in the estate for more than 40 years, has helped smooth over disputes between neighbours by getting them to simply talk to each other.

The disputes ranged from wet corridors from watering plants, to loud karaoke nights affecting the sleep of surrounding neighbours. 

“Communication is the most important thing. I listen to both sides and try to make them see each other’s point of view. It may take two to three weeks of visits, but most of the arguments get resolved. Sometimes, they just need to talk over a cup of kopi,” he said. “Of course, for more stubborn residents or more serious issues, going for official mediation will be helpful if informal conversations don’t work.”

Source: Straits Times © SPH Media Limited. Permission required for reproduction.

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