Welcome to INTEGRAF: Your Solution to Resolving Complex Conflicts

What is INTEGRAF?

INTEGRAF stands for Integrated Appropriate Dispute Resolution Framework. It is an innovative approach to managing complex commercial conflicts. INTEGRAF provides disputing parties guidance to unbundle disputes and apply the most appropriate dispute resolution mechanism to each aspect of a dispute. Even if a dispute cannot be completely resolved, INTEGRAF steps in to downsize or contain the conflict, with only the most stubborn parts heading to adversarial dispute resolution.

How does it work?

Two Available Mechanisms – Standing Conflict Avoidance Board and Ad-Hoc Conflict Management:

Standing Conflict Avoidance Board:

This mechanism is particularly well suited to longer term projects including construction projects or complex transactions. Parties can agree to appoint one or more neutrals to a Conflict Avoidance Board (“CAB”) at the inception of their working relationship. The CAB offers real-time advice, facilitating discussions, negotiations, and conducting mediation between parties, or providing opinions and determinations as needed. With early and appropriate management by the CAB, and the flexible and interoperable application of ADR methods, parties will be empowered to avoid or contain disputes promptly.

The CAB is empowered to manage the dispute and relationship between the parties. It can schedule periodic Review Meetings with the parties to review issues relating to the performance of the underlying contract. If a potential dispute between the parties is identified, the CAB is empowered to assist the parties with resolving or containing this dispute through discussions and negotiations, facilitate the resolution of this dispute through mediation, or issue an opinion or determination.

For additional details on this framework, kindly refer to the INTEGRAF Rules here.

Ad-Hoc Conflict Management:

This mechanism is suitable for all commercial disputes, especially for parties with less familiarity and experience with ADR methods. Parties can engage with this ad-hoc process at any stage of a project, transaction, or dispute, and a single Conflict Management Consultant will be appointed to review the dispute and relationship between the parties.

The Consultant will then in consultation with the parties, formulate an ADR Plan to unbundle their dispute by applying the most appropriate resolution method to each component of the dispute. The ADR methods may be applied flexibly and interoperably. The Consultant will facilitate the implementation of the ADR Plan and recommend suitable neutrals to facilitate the resolution of the dispute through mediation or the issuing of a determination or opinion. If warranted, the Consultant may recommend that a CAB be appointed for a dispute.

Benefits of INTEGRAF

Reduces Adversarial Conflict and Preserves Relationships: INTEGRAF aims to guide parties towards negotiated or amicable resolutions. Even if a complete resolution is not possible, it at least minimises the extent of adversity between the parties, preserving vital relationships.
Flexible and Interoperable ADR for Effective Resolution: INTEGRAF can recommend and implement various ADR modes for different components of a dispute. This allows for complex disputes to be effectively unbundled as the most appropriate ADR modes can be flexibly and interoperably applied to disputes.
Guidance and Structure in Implementing ADR Modes: Benefit from expert guidance provided by the Conflict Avoidance Board and Conflict Management Consultants. Clear recommendations, key steps and timelines, and an ADR Plan where appropriate, ensures a clear resolution process agreed upon by all parties.
Applicable at Any Stage of a Dispute: Engage with INTEGRAF before conflicts emerge, after conflicts arise but before legal process begins, or even after arbitration or trial commences. INTEGRAF is adaptable to any stage of a dispute’s lifecycle, offering valuable assistance whenever needed.
Enforcement: INTEGRAF provides for parties to seek enforcement in cases of non-compliance with agreements entered into under the INTEGRAF Rules through courts or arbitration, without prejudice to any final determination of the merits of the underlying dispute.

How do I apply for INTEGRAF?

Standing Conflict Avoidance Board:

Parties have the option to include the model INTEGRAF clause in their contracts, with the flexibility to tailor it to their specific circumstances, allowing for necessary modifications or adaptations. A model clause can be found here. If parties choose to invoke this clause, please contact SMC to initiate the INTEGRAF process.

Ad-Hoc Conflict Management:

Parties can contact SMC with details of their dispute to initiate the INTEGRAF process. SMC will provide further information directly to interested parties.

Contact Information

For further information, please contact SMC at:

Email: [email protected]

Telephone: +65 6252 4226

Operating hours:

Monday to Friday (excluding Public Holidays): 9:00 am to 4:30 pm

Eve of Christmas / New Year / Chinese New Year: 9:00 am to 12:00 pm

Nature of Dispute

Small businesses may face issues with service provider over telecom and media services disputes. Examples of such disputes includes billing disputes and unsolicited charges, mobile services, fiber connection services and subscription TV services.

How can we help

The Infocomm Media Development Authority (IMDA)’s Telecommunication and Subscription Television Alternative Dispute Resolution (ADR) Scheme provides small businesses with an additional avenue to resolve telecom and media services disputes. This ADR is jointly developed between IMDA and Singapore Mediation Centre (SMC) and fully administered by SMC.

This scheme will mainly cover disputes relating to billing disputes and unsolicited charges (excess data charges or VAS charges), mobile services (voice, data, SMS, VAS and PRS), fibre connection services, subscription TV services.

Services that are less pervasive/frequently use or not licensed by IMDA (such as billing on behalf services such as App store purchases, Over the Top media streaming services such as Spotify and Netflix) are excluded. Cases relating to litigation, regulatory policies, service providers; commercial decisions including their range of services offered and pricing of services, frivolous cases and cases handled or closed by via ADR earlier are also excluded.

Disputes under this scheme (Read more at:“Applicable Dispute“) :

covers a maximum dispute value of S$10,000
occurred within the past year
resolvable through service recovery efforts or compensated for in kind or in monetary term

All cases will go through the Preliminary Negotiation stage which is mandatory before one can proceed to Scheme Mediation and/or Scheme Determination.

For more information, please refer to the FAQs on ADR Scheme.
Alternatively, please click here to visit IMDA website.

Notice of Intention (Start of Application Process)

Small businesses, who meet the eligibility criteria, referred as Applicable Subscriber, can submit their Notice of Intention (NOI), with the case details (Request for ADR form) via the Online Platform. Once a case is submitted, both Applicable Subscriber and Service Provider can negotiate and resolve the dispute within 14-calendar days’ notice period via the Chatroom on the Online Platform before the formal dispute resolution processes commences.

To start the application process, an Applicable Subscriber is required to:

Read and agree to Online Platform Terms of Use
Make payment of Request Fee of S$10.00
Thereafter, please check your email account. You can expect two emails from Singapore Mediation Centre:
one email with a copy of your invoice and a copy of your receipt and
on the other email with subject head: “IMDA ADR Scheme Deposit Receipt”, there will be a link for you to click to proceed to the Online Platform to complete the application process (Request for ADR form – this will take approximately 15 mins)

Click the button below to start your application process and make (deposit) payment.
Please ensure to disable your pop-up blocker before clicking the button.

Nature of dispute

Construction disputes between contractors and sub-contractors can arise from unclear contractual terms, project delays, failure of compliance with the pre-set project standards or cost overruns. These issues may be protracted which can result in costly delays for everyone involved.

Disagreements can also arise between MSCT, property developers and/or homeowners over the construction, renovation or maintenance of the property. These disputes may be damaging to the reputation of the contractor, developer or MCST and may affect their relationships with their clients.

How we can help

Mediation

Mediation is a voluntary process where a neutral third-party, the mediator, facilitates the disputants’ negotiation process for a private and amicable settlement.

For such disputes, parties can mediate under SMC’s Mediation Procedure.

Fees

Parties pay the mediation fees below for the Mediation Procedure.

Adjudication

The adjudication regime that SMC administers is governed by the prevailing Building and Construction Industry Security of Payment Act (“Act”), Building and Construction Industry Security of Payment Regulations (“Regulations”) and SMC Adjudication Rules.

The prevailing legislation can be found here.

Lodging an adjudication application

Parties should consider getting legal advice before filing an Adjudication Application.

A Party must complete the applicable prescribed form and ensure that it complies with the prevailing Act and Regulations.

A Claimant can either:

submit two (2) signed copies of the Adjudication Application Form, two (2) sets of the accompanying documents and payment by hand at the operating address.

submit by email to [email protected] under the prevailing Supplementary Rules for Electronic Adjudication Lodgment.

SMC does not accept lodgement by fax or post.

Notice

SMC is the Authorised Nominating Body which administers adjudication applications under the Building and Construction Industry Security of Payment Act. As a neutral administrator, SMC is unable to assist or advise parties pertaining to the process, completion of forms and/or accompanying documents, or possible outcomes of the adjudication. Should parties require assistance or clarification in relation to these matters, you are encouraged to seek independent legal advice or you may wish to visit The Law Society of Singapore.

Payment for the Adjudication Application Fee and the deposit for the Adjudicator Fee (“Fees”)

A Claimant can either make payment via:

A cheque of a law firm or cashier’s order (if the deposit is more than S$5,000) and made out to: “Singapore Mediation Centre” if they are submitting the Adjudication Application by hand.

A telegraphic transfer to SMC, as per the details here.

More information is available on the BCA’s website.

Other information

For more information, please refer to the adjudication rules, procedure, fees and other information on the Documents & Forms page:

Neutral evaluation

Alternatively, SMC also offers neutral evaluation where an unbiased third party hears your case either through written briefs and/or oral presentations.

SMC works with a distinguished panel of neutral evaluators comprising former Supreme Court judges, judicial commissioners and senior counsel with extensive experience and knowledge in deciding legal issues.

This adjudicatory process, where the neutral evaluator considers the merits of your case, such as technical evaluations or points of law, allows contending parties to better understand the strengths and weaknesses of their case.

Parties can choose whether to have a binding opinion or not and opt for a documents-only evaluation or an evaluation with hearing(s). Where parties choose to have a binding opinion, neutral evaluation allows parties to have a speedy and cost-effective ruling, avoiding hefty litigation or arbitration bills. The process is entirely private and confidential.

Family

Nature of dispute

Legal wrangles over family matters are not only expensive and protracted, they can also take an emotional toll on the parties involved. Family disputes include divorce, division of family assets, spousal and children maintenance, custody of children (including international child abduction cases), inheritance, and wills and probate.

How we can help

SMC has two schemes to help family members resolve domestic disputes amicably. They are the Family Mediation Procedure Rules and the Collaborative Family Practice (CFP).

Both Family Mediation Procedure Rules and CFP function primarily as alternatives to court litigation. They help reduce legal fees, time and resources spent in contesting legal issues in court. They also assist to create a safe, non-confrontational and informal environment for divorcing couples or disputing family members to reach the most suitable and favourable arrangements for their family as compared to a court decision arising from an acrimonious litigation.

Family Mediation Procedure Rules

Mediation is a voluntary process where a neutral third-party, the mediator, facilitates the disputants’ negotiation process for a private and amicable settlement.

Individuals who face problems with division of matrimonial or family assets, spousal maintenance, custody of children (including international child abduction cases), and wills and probate can apply for SMC’s Family Mediation Procedure Rules.

The Scheme seeks to encourage conciliation to end family discord, smooth out domestic conflicts and foster long-term family ties. The emotional turmoil faced by family members are also minimised while the costs are kept low.

Under this Scheme, SMC will appoint experienced mediators with family law expertise from its family panel.

SMC is also the service provider for family cases ordered by the Family Justice Courts (FJC) to attend private mediation. For more information on court-ordered mediation, follow the link to the FJC Practice Directions here.

Collaborative Family Practice

An alternative scheme for individuals with matrimonial discord is the Collaborative Family Practice (CFP), which is supported by the Family Justice Courts and Law Society of Singapore. CFP is a pre-action process and takes place before the start of any divorce or matrimonial proceedings. Both parties must also agree to participate in CFP before SMC can assist to take the matter forward.

Under the CFP scheme, specially trained CFP lawyers and family specialists such as financial advisors and child experts work with parties to negotiate an agreement that suits the family.

A unique feature of this process is that CFP lawyers cannot represent their clients in future litigation if the settlement is not reached. This gives a greater incentive for feuding parties and their lawyers to settle their disputes through the CFP process.

Unlike matrimonial disputes that end up in court, CFP is a much less stressful and less hostile process. The Family Justice Courts will prioritise these cases to have their agreements recorded and processed. It provides parties with a confidential and less formal avenue to negotiate issues peacefully, which can help maintain the well-being of any children involved.

For more information, please refer to the Collaborative Family Practice application form on the Documents & Forms page and Frequently Asked Questions (FAQs) page:

Collaborative Family Practice FAQs

A comparison table of the different schemes can be found below:

Domain Names

Nature of dispute

Disagreements over Singapore domain names (‘.sg’) arise when more than one party want to use the same name. Typically, such disputes involve a registrant who has registered a ‘.sg’ domain name and a complainant who has applied to take over ownership and registration of the same domain name.

The Singapore Domain Name Dispute Resolution Policy Service (SDRP) caters to instances of registration or the use of domain names in bad faith. Compared to going to court, a SDRP proceeding is a quicker and more affordable way of resolving domain name clashes.

How we can help

SDRP proceedings are administered by SMC.

SDRP can be used if:

You wish to end a ‘.sg’ domain name conflict through mediation or an administrative proceeding in line with the SDRP.
You wish to challenge the registration of a ‘.sg’ domain name on the grounds given under paragraph 4(a) of the SDRP.
A ‘.sg’ domain name registered to another party is identical or confusingly similar to a name, trademark or service mark in which you have rights that are recognised under Singapore law. Further, you believe in good faith that you are entitled — on the grounds stated in paragraph 4(a) of the SDRP — to have the domain name cancelled or transferred to you. This is to protect your rights in the name, trademark or service mark.
You prefer a quick, convenient and cheap way of ending a ‘.sg’ domain name battle.

For more information on how the service works, please refer to the SDRP policy and rules on the Documents & Forms page:

Information on proceedings under SDRP

In line with paragraph 4(j) of the SDRP, all decisions under it will be published in full on the Internet, except when an administrative panel decides in an exceptional case to edit portions of its decision.

Nature of Dispute

Disputes arising from commercial leases can involve alleged breaches of lease agreements, possible termination of leases and rental increases. Often times, clauses may be difficult to understand, leading to disagreements or misunderstandings.

How can we help

On 26 June 2020, key representatives from Singapore’s landlord and tenant communities, together with industry experts, formed the Fair Tenancy Pro Tem Committee in a bid to strengthen collaboration and increase the vibrancy and competitiveness of Singapore’s retail, food & beverage (F&B) and lifestyle sectors. The result is an industry-led Code of Conduct for Leasing of Retail Premises in Singapore (“Code”) based on the principles of transparency, reciprocity and sustainability.

On 3 May 2021, key representatives from Singapore’s landlord and tenant communities, together with industry experts formed the Fair Tenancy Industry Committee (FTIC) to be the custodian of the Code and address matters related to retail lease agreements.

The FTIC has partnered with SMC to ensure that there will be timely resolution of dispute over matters covered under the Code at a reasonable cost. In the event that a dispute relating to non-compliance with the Code arises after the lease agreement is signed, either party may escalate the matter to SMC. Once escalated, both parties must approach SMC and shall comply with the resolutions of the SMC.

All cases must go through the Scheme Mediation before they can proceed to Scheme Adjudication.

For more information, please refer to the Lease Agreements for Retail Premises Act Alternative Dispute Resolution Scheme on the Documents & Forms page.

Alternatively, please click here to visit the FTIC website.