Community mediation in singapore principles for community conflict resolution

Community Mediation in Singapore: Principles for Community Conflict Resolution NGOH-TIONG TAN

As a global c i 3 Singapore represents a special crisscrossing of numerous ethnicities, nationalities, and people. This articlejicuses on a planned approach in developing community mediation in Singapore against a backdrop of changing cultures. Kky principles and issues for efective mediation, applicable in other contexts, are outlined. Leadership and training in community mediation, as well aspublic education andprevention of conflict, are discussed in this article. Community mediation must emphasize participation of members of the community and suit social, cultural, and political contexts.

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s society becomes ever more complex, there is an apparent shift from informal to formal institutions for fulfillment of needs and problem solving. Community mediation reverses this tendency, placing the responsibility of neighborly relations and the civil duty of peacemaking on the citizenry. The way to do this effectively is to preserve what works in the traditional informal network and incorporate it into a modern structure for community conflict resolution.

This article presents a planned approach in developing community mediation as portrayed in Singapore. It outlines key principles for effective mediation with integration of traditional and contemporary approaches for culturally appropriate and ethnically sensitive practice.

Singapore, like many a metropolis, is a multicultural community. The major ethnic groups are Chinese (76.9 percent), Malays (14 percent), and Indians (7.7 percent); others represent just 1.4 percent. Singapore has successfully integrated a diversity of races, ethnic groups, languages, and religions. The majority of Singaporeans (86 percent) live in close proximity, in government housing concentrated in satellite towns. Of the people living CoNFLlcr

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in Housing and Development Board flats (apartments), nine out of ten own their own homes. High-density living entails urban problems of noise and environmental pollution, crime, alienation, and other social calamity.

The transformation of Singapore from villages and squatter settlements to a modern city has affected every sector of social life. Conflict between citizens living together, however, is inevitable. Management of conflict can help to renew the sense of community that is fondly known as the “kampong spirit” (Koh and Lee-Patridge, 2000). This feeling of togetherness is engendered through informal greeting and interaction; lending a helping hand whenever there is a need; and doing such things as sharing food, exchanging gifts, and pursuing the other activities associated with being neighborly. In Singapore, conflict is traditionally resolved through direct negotiation or having indirect go-betweens, usually accompanied with gift giving and a tea-drinking ceremony.

With a change in chief justice in 1990, Singapore has turned to new approaches in tightening the judicial process. Electronic filing and the concept of a multicorridor courthouse were introduced. Efficiency is the key; cases are moved through the court process in a timely way or moved out of the court system when appropriate. It is in this light that mediation, arbitration, and other comparatively less adversarial approaches to dispute resolution are considered.

In 1994, mediation of civil disputes was first introduced in the subordinate courts. Mediation is now routinely conducted by Small Claims Tribunals, the Family Court, the Academy of Law, the Maintenance of Parents Tribunal, and a number of nonprofit organizations (Ho, 2001).

The Family Court, set up only in 1995, mediates custody, matrimonial, and family disputes. Private mediation organizations are still relatively low in profile compared with government initiatives.

Given its relatively small size, Singapore is a highly structured society.

It has been termed an “air conditioned nation” (George, 2000) for its effort to control the economic as well as the social-political climate. Rather than awaiting spontaneous social development, the impetus is to make it happen through the process of social engineering. In view of the government‘s high need for central control (George, 2000), the push for mediation is also a planned effort of the interagency Alternative Dispute Resolution Committee, set up in 1996 to promote ADR. In the start of 1997, the chief justice of Singapore emphasized the need for a fair and responsive justice system and to change the perspective of

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theportion of the public believing that litigation is the way to resolve problems. This set the tone for the concerted advent of mediation.

Turning to the community, residents’ committees (RCs), as well as citizen consultative committees (CCCs), have been set up in major housing estates in the past twenty years or so to manage the affairs of community living. Grassroots leaders act as a semiformal channel for grievance handling, constituting a necessary forum for conflict resolution. The government of Singapore has made significant initiatives in formalizing the direction of community mediation.

Beginning with establishment of the Alternative Dispute Resolution Division of the Ministry of Law, and establishment of the Community Mediation Center (CMC) under the Ministry of Law’s Community Mediation Centers Act of October 1997, Singapore has developed its own forums of community mediation. The first C M C in Marine Parade (in the east) was set up in 1998, and another in Ang Mo Kio (central Singapore) in 1999 (Community Mediation Center, 2001). The third has just been built in the north in Woodlands.

Singapore Model of Community Mediation There are different models of community-based mediation programs involving neighbors and citizens. They may be managed by government or community organizations and funded privately or publicly. These include Neighborhood Justice Centers, Community Boards, and Conflict Resolution Centers (Husk, 1997; Paus, 1996; Dullum, 1996; Shonholtz, 1984).

They may use trained professionals or volunteers as mediators. Such programs are usually located within the community and serve a broad range of people. They often reflect their specific and unique cultural, social, and political contexts.

The Singaporean model is a rather recent development and has features of other community mediation models, such as those of the Community Boards of San Francisco and the Konflikt-rad (Conflict Board) of Oslo (Shonholtz, 1984; Paus, 1996). Within the Singapore community, conflicts are resolved through private negotiation, intervention by nonprofit social service organizations, small claims tribunals, juvenile court conferencing, and mediation at the Family Tribunal as well as the Community Mediation Center. Established and funded by the government, managed by the Civil Service, and staffed with volunteers, the CMC, in keeping with

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the “local village context,” is said to be providing “an informal and userfriendly” means of settling interpersonal, social, and community disputes between people. The published mission of the C M C is to offer an “attractive, practical and convenient solution for social and community disputes” in Singapore (Community Mediation Center, 2001).

The CMC’s stated objective is to “provide expeditious, impartial and accessible informal dispute resolution services” (Community Mediation Center, 2001, p. 1). Mediation is seen by the authority as an effective forum for resolving social and community disputes in Singapore. They may involve conflict between neighbors, family members, or friends where conventional dispute resolution through judicial means is deemed unsuitable.

However, being time-limited and problem-focused in approach, the limitation of mediation in dealing with deep-seated issues needs to be recognized. Conflict is often resolved superficially, and the transformative potential of mediation, in imparting skills and engaging in structural change, is neglected.

The Community Mediation Centers are set up by government initiative to “help to develop a more harmonious, civil and gracious community” (Community Mediation Center, 200 1). Ideally, the local communities should be empowered to deal with conflict in daily living. The CMC works closely with the Community Development Councils, another government agency, to “encourage the devolution of relational dispute resolution to the community” (Community Mediation Center, 2001). These CMCs are located at different parts of the city-state and make for greater accessibility to users of community mediation services.

Although publicity has been given to mediation as an alternative, the take-up rate is still relatively low. Greater outreach in the community to raise the level of awareness is essential. More locally based CMCs, especially in the western and northeastern regions, are necessary to facilitate access.

Parties can come on their own to the CMC or be referred by the courts, police, members of parliament, community leaders, and the like. In Singapore, as an alternative to court proceeding and, with the cooperation of the subordinate courts and the police force, the public is being referred to mediation at the CMCs. In 1998, the newly opened center received 220 requests for mediation, of which 101 were accepted (Tan, 1999). The cases mediated include a range of social, community, and commercial conflicts.

Common types of neighborhood dispute are air or noise pollution, misunderstandings, and fights between neighbors and stallholders or shopkeepers. The mediator collects information about the clients and their problems

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as well as those of the other party. The mediator then contacts the other party to ask if he or she wants to have the dispute mediated. Mediation is a voluntary process. If any party does not consent to mediation, the party cannot be compelled to participate.

Once both sides have agreed to mediation, a meeting with the mediator, at a convenient time, is arranged. If more sessions are needed, they are also mutually arranged. Though some persuasion to enter into mediation by the case manager may be needed from time to time, the voluntary nature of mediation is emphasized. If the problem is not suitable for mediation by CMC, the mediators or staff would advise the disputants as to where they can go or what they should do.

The mediators are selected and trained grassroots leaders, professionals, and members of the community. Care is taken in assessing the mediators in terms of skills, values, and standing as a respected member of society.

The mediators are from all walks of life, ages, and ethnic groups. Upon completion of the training, they are appointed by the Minister of Law to serve as mediators. They first have to co-mediate with experienced mediators to gain practical experience before conducting their own mediation sessions. It is a voluntary service; the mediators are not paid for the services rendered.

Mediation sessions are facilitated by experienced mediators, who guide the disputants in identifying the problems and assist them in reaching a mutually acceptable solution. The key in mediation is to create a bridge to effective relationship by facilitating communication, clarifying misconception, and developing greater empathy for one another. Although recognizing feelings, the mediator keeps the primary focus on dealing with the present problem and objective problem solving.

The process of mediation includes a brief introductory phase, fact gathering, and an assessment phase. Next the parties state what they hope to get out of mediation, and the mediator facilitates creative problem solving by the disputants in finding a solution among the possible alternatives.

Although it is the parties themselves who make the decision for an agreement or lack of same, the mediator may actively suggest possible resolutions. Where there is no resolution, the mediator may invite the parties back or assist the disputants in planning the next step.

It is reported that 73 percent of the cases taken by the CMCs were successfully settled (Ho, 2001). The agreements are legally binding if its terms are written down and signed by both parties. Community mediation solutions have been more satisfactory, since the parties themselves are involved

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in the decision-making process, than having to accept one imposed by the authority. Presently, there is no charge for the mediation service, making it quite affordable. However, an administrative fee of S$5 (approximately U.S. $3) is levied for each case (Community Mediation Center, 2001).

The C M C model works relatively well. The centers have received fair response, with most of the cases being referrals by courts and community leaders. Altogether, the CMCs have handled fifteen hundred cases since they began operation in 1998 (Ho, 2001). The approach of having a mediator who is neutral and unrelated to the parties manage the conflict resolution process is akin to the lifestyle in modern Singapore. Modern ways have replaced traditional means, but the idea of mediation within a localized “modern village� context remains. More regional mediation centers to serve the neighborhoods are in the pipeline. Plans to use community clubs or community centers as official venues, under the CMC Act, are under way. In fact, nine community centers, within the SembawangHong Kah Community Development Council, will be designated as mediation venues (Quek, 2001). According to the Minister for Law, the goal is to create a network of mediation facilities spread across Singapore (Jayakumar, 1998).

Early in 2001, a Mediators’ Chatroom, made available on a Website, was launched by the Minister of State (Ho, 2001). Mediators from the CMCs could chat with residents online; information to promote e-communities, among those residing in public housing, is made readily available on the Internet (Ho, 2001). The chatroom hopes to encourage citizens to make use of mediation services while preserving anonymity.

There is a need for personalizing services, but use of information technology as an outreach tool is a step forward in the knowledge-based economy.

Use of the Internet for information and referral as well as mediating routine problems has good potential, which should be further explored.

Principles in Community Mediation There are many similarities among the community mediation models. One common thread of successful community mediation is emphasis on community awareness and support for the program. Whether government or privately sponsored, most of them involve community leaders and use community volunteers as mediators. There are a number of issues and principles surrounding community mediation, notably community mediation leadership, training, public education, and prevention of conflict.

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Leadership

Many countries such as the United States and Norway have a longer history of developing indigenous leader-mediators. Since modern Singapore has developed rapidly-practically an “instant” society-grooming indigenous leadership has taken a short-cut approach. In Singapore, rather than having a community evolve a leadership structure, grassroots leaders have been identified and selected primarily by the government and installed as representing the community. This way of selection may cause them to be perceived as “government agents.” Perhaps as a society matures (as in the case of, say, San Francisco), the process of election and natural selection ensures greater accountability and legitimacy in grassroots leadership.

Emphasis should be placed on developing indigenous leaders. Ideally, the community itself should legitimize the process of selecting mediators.

These leaders play a key role in conflict resolution and mediation. As far as possible, a mediator should have an ethnic and social background similar to that of the people served.

Mediators in Singapore are ofien appointed leaders involved with local CCCs and RCs. They are nominated through the various committees and CDC staff and selected for their interest in helping fellow members of the community. Some of the nominees may, however, serve with political interests. As community leaders, they need to demonstrate great commitment and dedication to volunteering their time in providing mediation service. They should preferably be in tune with residents and goings-on in their respective constituency; this would make them recognizable and respected by residents. Appointment of community leaders by a government minister reinforces the philosophy of empowering the community to work out its own problems (Community Mediation Center, 2001). However, it also gives the impression that the CMC is government-controlled rather than a grassroots movement. Government-sponsored mediation programs are in danger of being politicized and appearing to be a “contraction of state power” (Hofrichter, 1987, as cited in Koh and Lee-Patridge, 2000, p. 105).

Training

The mediator‘s efforts at bringing about a harmonious living situation are vital for sustainability. Although the person’s involvement in community mediation as a frontline conflict manager is important, the need to equip the mediator with skills to enhance effectiveness is recognized. In Singapore, candidates are trained, through a two-day workshop conducted

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by experienced mediators, in understanding conflict and mediation. The focus of the workshop is on hands-on training in practical skills and techniques. Learning is facilitated through using role plays and case studies.

Although localized situations are discussed during training, it is observed that there is a move away from dealing with feelings toward a more pragmatic problem-solving approach. Greater emphasis on training in the area of cultural and ethnic sensitivity is needed. Issues deliberated in training include use of cases involving interreligious conflict such as practices that offend neighbors (burning of religious papers, preparation or cooking of food that is not halal or kosher) and how such a situation affects those who live in close proximity. Using an experiential approach to deal with lifestyle and cultural differences (playing loud music, talking or making noise late into the night) would facilitate the mediator’s learning ofcultural sensitivity.

Values and principles such as impartiality and neutrality are imparted in training, but this is difficult to monitor in practice. Since 1998, the Ministry of Law in Singapore has trained some 180 community mediators (Ho, 2001). More systematic and ongoing development and support for volunteer mediators is necessary for greater effectiveness and sustainability.

Perhaps training in specific types of conflict and on technical competencies would be useful in the future. For example, dealing with conflicts involving motorcar accidents, home renovations, or building projects may require specific knowledge (for example, basic accounting or quantity surveying techniques to calculate damages and costs).

If properly trained, the mediator is able to perform his or her role better. It is recognized that training not only grassroots leaders but also the masses involved in day-to-day interaction, negotiation, and conflict resolution is helpful.

Public Education

A key problem for community mediation is public education. In this respect, the CMC has made significant advances in obtaining the cooperation of the courts and the police, the two main sources of referral. Greater outreach to other community organizations, nongovernmental organizations, and the marketplace is needed. Publicity to enhance both the citizen’s and the organization’s awareness of mediation services and to channel community dispute to the C M C are necessary.

It is recognized that continued public education through the media, government departments, educational institutions, and business organizations as well as widespread use of mediation are vital in ushering in a more

Community Mediation in Singapore 297 civil society. A number of primary and secondary schools in Singapore have developed school conflict resolution structures to train teachers, prefects, and students themselves in conflict management. As a preventive approach, CMCs have also conducted training in peer mediation. Skills in dealing with complex social relations in the family, the school, and the community should be developed in the citizens, no matter what age. This enhances the use of mediation and also builds a pool of mediators, thus supporting the growing Singapore movement.

CMC has advertised its services on a Website with the slogan “Building Bridges to Reconciliation” (Community Mediation Center, 200 1). This reflects the center‘s aim to act as a bridge between people in conflict. The logo of C M C is a multihued arc representing a rainbow, associated with hope and renewal, for positive community bonding in a pluralistic nation. The Website is a useful channel of public information and education.

Prevention

One of the key strategies for effective conflict resolution is prevention. The best way to prevent conflict from escalating is to develop a strong relationship between neighbors and a sense of community bonding. The Singapore community, through block parties, special festive events, get-togethers, and other neighborhood projects organized by residents’ committees or other grassroots organizations, seeks to promote neighborliness and strengthen relationships among residents. With more interaction and direct communication, residents can discuss, harmoniously and effectively, issues and problems that arise from daily living. Indigenous leaders and citizens should be trained in the skills of conflict management to be more effective in facilitating conflict resolution, wherever they are.

In preventing conflict, it is also important to promote mediation as a useful personal life skill. This involves a change in mind-set as well as equipping citizens with practical skills to manage their conflict effectively.

As declared by the minister of state, although it is not expected that “every individual [be] professionally qualified as a mediator, a certain level of basic knowledge helps to shape one’s perspective towards conflicts” (Ho, 200 1).

BlendingTraditional and Contemporary Approaches Blended community mediation must take into account the local cultural context of practice. Community mediation in Singapore is being promoted as being consonant with Asian tradition and culture. In fact, mediation has

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been used informally in Asia for ages. It is felt that the modern ADR conception mirrors traditional Asian philosophy and practices.

Traditional conflict resolution for the Chinese is mediated through informal channels by a respected kong-chin, or middleperson (who is a kinsman), in the Confucian ideology of harmony and order. The approach is often face-saving so as to avoid undue publicity.

Indian immigrants to Singapore carried on a pencbayat system involving village meetings where senior members of the community are enlisted to arbitrate conflict. Usually the traditional elder, kampong ketua or penghulu (village headman), or respected elder would be enlisted to settle the dispute, especially in a Malay community.

Muslims in Singapore still frequently resort to traditional and religious reconciliation as a peaceful way of settling disputes. The Syariah (Islamic) Court and the Family Court, for instance, would try to have a mediated settlement first rather than go straight to divorce proceedings (Community Mediation Center, 2001).

Civic and religious organizations also provided valuable forums for dispute settlement. However, traditional channels of conflict resolution were eroded along with the modernization of Singapore. Ethnically, the homogeneous villages were uprooted and resettled in integrated public housing estates. Traditional and informal roles of village elders and chiefs diminished as public institutions were set up where the rule of law became preeminent.

For the Singapore model’s modern community mediation, as in the traditional way, a neutral person assists the parties in isolating disputed issues, developing options and alternatives, and ultimately reaching a consensual settlement. Including traditional elders and leaders, together with younger professionals and citizenry, has made the transition to modern mediation easier. Unlike the past ways, which rely heavily on the experience and status of the mediator-arbitrator, modern mediation relies on a trained third party to assist the disputants in resolving their differences.

Mediation offers a forum for discussing issues, opening communication channels, developing fresh perspectives, and bringing focus to problems. The model has been accepted as akin to the indigenous mediation process, but structured under a nonethnic, community base of the CMC. However, where it is necessary and appropriate, mediation is conducted in the parties’ own dialect or language.

The CMC’s political purpose is to build stronger community bonds and promote a traditional form of dispute resolution. To make more

Community Mediation in Singapore 299 efficient use of resources, the government actively encourages use of alternatives to court-based litigation. Community and family conflicts, which are largely relational in nature, are identified as generally well suited for mediation. Thus neighborhood disputes, family conflict, disagreement with friends, a quibble among stallholders or owners, and a tiff with a stranger can all be dealt with by the neighborhood CMCs (Community Mediation Center, 200 1).

A key idea in community mediation is to use indigenous members of the community to mediate conflicts that occur within their neighborhood. The benefit is that the mediator, being “one of them,� understands better the context of the conflict. He or she is fluent in the language or dialect and the customs of the disputants and therefore is well suited to resolve a dispute. As such, community mediation is conceptualized to be a rather flexible and informal forum for dispute resolution.

Mediators should reflect the cultural diversity of society, as is the case in Singapore. Use of ethnic or indigenous self-help groups in mediation would be appropriate to facilitate cultural bonding. However, care should be taken so as not to polarize the ethnic groups in a multiracial society.

Moreover, national values of consensus instead of conflict would make sense if the conflict is recognized and managed through socially inclusive processes such as mediation.

Unlike traditional mediation, which is often held in people’s homes or an informal setting, the development of mediation centers may bring with it certain tension, since they are often perceived as government agencies. Mediation can and should also take place in less formal settings. Mediators can visit the places where people are, such as meeting disputants in a local community center. Greater identification with and commitment to the community and use of local resources is preferred. More private mediation services should be encouraged. To be truly a grassroots movement, mediation needs to move out of government-sponsored centers to the homes, markets, religious institutions, and natural meeting places of the community.

In many parts of the world, community conflict resolution has increasingly focused on the young, involving children as well as their parents. This can also take place at the level of schools or the broader community. In Singapore, as in San Francisco, student-based mediation programs have been launched. It is indeed useful to start with the understanding and know-how of constructive conflict management early in life.

The increasing popularity of mediation, like a whirlwind romance, must be grounded in reality. Caution needs to be exercised against liberal

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use of mediation for every dispute. Careful assessment as to the appropriateness of mediation or other dispute resolution mechanism is necessary.

Where a violent or penal offense is committed, the exercise of law is still a crucial approach to dealing with the conflict.

One limitation of mediation is that it requires that both parties be committed to resolution. It is not a panacea for solving community problems. In the long run, it is vital to foster better communication and build peaceful relationships among residents.

Where negotiation between parties is feasible, a more direct approach is preferred. The principle of direct settlement of conflict, as much as possible, must be encouraged. Jumping on the bandwagon of mediation, which may result in overdependency on the system, should be avoided.

The mediation process, used judiciously, strengthens individuals and enhances harmonious living.

References Community Mediation Center. 200 1. (http://www.gov.sg/minlaw/cmc/ aboutus.htm1) Dullum, J. The Norwegian Mediation Board. Oslo: Department of Criminology, University of Oslo, 1996.

George, C. Singapore: The Air-conditioned Nation. Singapore: Landmark, 2000.

Ho, l? K. Speech by the Minister of State (Law and Home Affairs) at Launch of Mediators’ Chatroom, Jan. 27, 2001. (http:l/app.internet.gov.sg/data/ sprinter/pr/archives/200 101270 1.htm) Hofrichter, R. Neighborhoodjustice in Capitalist Society: The Expansion of the Informal State. Westport, Conn.: Greenwood Press, 1987.

Husk, G. “Making Community Mediation Work.” In J. Macfarlane (ed.), Rethinking Disputes: The Mediation Alternative. London: Cavendish, 1997.

Jayakumar, S. Speech at the official opening of the Community Mediation Center, Nov. 4, 1998.

Koh, S., and Lee-Patridge, J. E. “Can Community Mediation Work in Singapore?”

In N.-T. Tan and J. E. Lee-Patridge (eds.), Alternative Dispute Resolution in Business, Fami4 and Community: Interdisciplinary Perspectives. Singapore: Center for Advanced Studies, 2000.

Paus, K. K. “The Norwegian Municipal Mediation Board.” Paper presented at Council of Europe Seminar on Mediation as a Method for Conflict Solving, Oslo, 1996.

Quek, N . “Making Community Mediation Conveniently Accessible.”Ministry of Law, 200 1. (http://www.gov.sg/minlaw/hq/ 1999apr/index.html) Shonholtz, R. “Neighborhood Justice Systems: Work, Structure, and Guiding Principles.” Mediation Quarterly, 1984, 5, 3-30.

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Tan, N.-T. “Community Mediation: Models for Practice.� Paper presented at the second Conference on Alternative Dispute Resolution, National University of Singapore, 1999.

Tan, N.-T., and Lee-Patridge, J. E. (eds.). Alternative Dispute Resolution in Business, Fumily and Community: Interdisciplinary Perspectives. Singapore: Center for Advanced Studies, 2000.

Ngoh-Tiong Tan is an associate professor at the National University of Singapore, a consultant to the Family Court in Singapore, vice president (Asia Pacific) of the International Federation of Social Workers, and associate editor for the Asid &c$c/ournal of Social Work.