A Singapore distributor and its Australian supplier fall out over unpaid invoices. A Malaysian developer and an Australian builder disagree over defects. An Indonesian investor and their Australian joint venture partner deadlock over the board. Each side has lawyers in its own country, the contract names a third country, and nobody wants to spend three years in court.
These disputes are often best resolved by mediation — and the choice of mediator matters.
Why mediate rather than litigate or arbitrate
Cost and speed. A mediation can be organised in weeks and conducted in one or two days. Litigation or arbitration across borders can take years.
One forum for everything. Mediation can settle the Australian claim, the Singapore counterclaim and the future of the relationship at the same table.
Confidentiality. Nothing said in mediation is generally admissible later. This matters to family-owned groups whose reputations travel across Asian business communities.
Keeping the relationship. Many parties want to keep trading. A negotiated outcome can preserve that where a judgment rarely does.
Mediation is also often required. Many cross-border contracts contain a multi-tier clause requiring negotiation and mediation before arbitration. Australian courts regularly order mediation before trial.
Choosing the seat and the mediator
Parties frequently choose Singapore as a neutral seat for arbitration or mediation, even where one side is Australian. The seat governs the procedural law; the mediator does not need to be in Singapore. Online mediation now lets parties in Jakarta, Kuala Lumpur, Singapore and Melbourne take part from their own offices.
What matters in the mediator:
Neutrality — no connection to either side or their lawyers.
Understanding of Australian law, where the Australian company’s exposure, or Australian enforcement, drives the settlement value.
Cultural and language fluency. Where key decision-makers are more comfortable in Mandarin, a mediator who can work in both English and Mandarin avoids losing meaning through interpreters at the critical moments.
Experience with family-owned businesses, where the commercial dispute is often driven by relationships between owners.
My approach
I am a Nationally Accredited Mediator and sit on mediation panels including those of the Supreme Court of the Northern Territory and the Land Court of Queensland. I mediate in English and Mandarin, in person or online, and adapt the process to each dispute — shuttle mediation where the parties should not be in the same room, joint sessions where they need to talk directly, and expert input where valuation or technical issues are in dispute.
Before entering law I worked in finance in Hong Kong, and I have worked in law firms in Myanmar and Vietnam. That background helps me understand how decisions are actually made in Asian family-owned groups, which is often different from what the organisation chart suggests.
Making the settlement stick
A settlement is only as good as its enforceability. The settlement agreement should be drafted with enforcement in mind:
Choose a governing law and a court or arbitral forum for any later dispute about the settlement.
Where Australian proceedings are on foot, record terms in consent orders.
Consider the Singapore Convention on Mediation, which provides for enforcing international commercial settlement agreements reached in mediation. Singapore is a party. Australia signed in 2021; check its current status, and that of the country where enforcement may be needed, when drafting.
Where payment is staged, include security or a consent judgment that can be entered on default.
Frequently asked questions
Can an Australian mediator conduct a mediation seated in Singapore? Yes. The mediator’s location does not determine the seat, and online mediation is common.
Our contract requires mediation before arbitration. What if the other side refuses? Courts and tribunals often enforce these clauses. Get advice before commencing arbitration, as skipping the step can be used against you.
Can mediation be conducted in Mandarin? Yes. I mediate in English and Mandarin. Interpreters can be arranged for other languages.
How long does a commercial mediation take? Usually one day, after a few weeks of preparation, including exchanging position papers and key documents.
Contact us. To appoint a mediator or discuss whether your dispute suits mediation, book an initial consultation.
Related reading: Cross-border family and estate disputes (read the guide); Family business succession (read the guide).
This article is general information only and is not legal advice. Contact us for advice on your circumstances.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice.
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