Streamlined Neighbour Dispute Resolution Outlets for Failed Community Mediation Cases

39 Mr Shawn Loh asked the Minister for Law whether the Government can consider reducing the barriers for neighbour dispute cases to seek recourse through the Community Disputes Resolution Tribunals (CDRT) such as by empowering the Community Mediation Centre, on the advice of agencies, to refer cases involving failed mediation to the CDRT without the need for a fresh application or additional costs.

Mr Edwin Tong Chun Fai: The Community Disputes Resolution Tribunals (CDRT) is an avenue of last resort for addressing neighbour disputes, after all other amicable options such as mediation, have failed. As a Court of law, the CDRT must adhere to certain basic principles to ensure the fair and proper administration of justice. For example, CDRT claims must be supported by evidence, and the respondent must be given the opportunity of a fair hearing.

At the same time, the CDRT framework is intended to be affordable and accessible.

First, fees and costs ought not to discourage genuine cases. CDRT filing fees are kept low. In addition, individuals with demonstrated financial need can apply for an upfront fee waiver. Those who succeed in their claim may recover the filing costs from the respondent.

Second, the CDRT’s processes are much simpler than other litigation proceedings. Residents can file and manage a CDRT claim online through the Community Justice and Tribunals System (CJTS). The CJTS allows residents to commence or respond to a claim using plain English forms, and also leverages on Singpass to auto-populate personal particulars.

Third, CDRT claims are heard using simplified processes. CDRT Judges take an active role in managing the case, such as by posing questions to parties or asking them to produce supporting evidence. Parties are not expected to, and generally cannot, engage legal representation.

In the review leading to the Community Disputes Resolution (Amendment) Act 2024, the Ministry considered empowering the Community Mediation Centre (CMC) to refer unsuccessful mediation cases to the CDRT. However, this is difficult to implement for various reasons, including the fact that the CMC is not able to share detailed case information with the CDRT as the mediation process is private and confidential. Additionally, parties may be more reluctant to attempt mediation or engage in frank discussions if the CMC is able to refer cases or provide detailed information to the CDRT.

Nonetheless, parties who attend mediation at the CMC are informed of other avenues to seek further recourse, including filing a CDRT claim if mediation is unsuccessful.

For completeness, under the Community Disputes Resolution (Amendment) Act 2024, officers from the Community Relations Unit (CRU) are empowered to investigate cases, collect evidence, and submit the same to the CDRT. The CRU is currently being piloted in the Housing and Development Board (HDB) estates of Tampines Town for serious noise and hoarding cases. In addition, we are working to operationalise an enhanced process to enable the Director-General of the CRU to apply for a dispute to be heard by the CDRT.

Individuals who require assistance with filing their CDRT claims or have questions regarding a fee waiver may visit the State Courts Service Hub, located at Level 2 of the State Courts.