CEA - CEA's Dispute Resolution Schemes

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CEA's Dispute Resolution Schemes

Information

In the event of a dispute, consumers are encouraged to approach the estate agent to resolve the dispute. They can also contact CEA in helping them approach the estate agent for a resolution. You may wish to visit here for more information.

For those consumers who are unable to get a satisfactory resolution from the estate agent, as long as it is a relevant dispute* and they signed the relevant estate agency agreement* from 1st Jan 2011, they can make use of CEA's Dispute Resolution Scheme.

The Dispute Resolution Scheme consist of 2 Sub-Schemes, one using mediation and the other using arbitration to resolve the dispute.

In general mediation is a process where the mediator facilitates the consumer and estate agent in trying to resolve a dispute and come to a mutually acceptable agreement. The decision is left to the parties & is not dictated by the mediator.

As for arbitration, it is a process where the arbitrator will consider the issues of both parties and arrive at a decision which is binding on both parties.

Disputes for which the CEA's Dispute Resolution Scheme are Available

The Council for Estate Agencies Dispute Resolution Scheme will be available for the resolution of relevant disputes* which arise from relevant estate agency agreement* which is entered into between a client* and a licensed estate agent signed from 1st Jan 2011.

*Please see definitions below.

Prescribed Dispute Resolution Centres

The Council for Estate Agencies Mediation Sub-Scheme	Approved Mediation Centres (a) Consumers Association of Singapore (b) Singapore Institute of Surveyors & Valuers (c) Singapore Mediation Centre
The Council for Estate Agencies Arbitration Sub-Scheme	Approved Arbitration Centres (a) Singapore Institute of Arbitrators (b) Singapore Institute of Surveyors & Valuers

Participation in CEA Dispute Resolution Schemes

Participation by licensed estate agents and their registered salespersons in the dispute resolution process is compulsory .

a) The CEA Mediation Sub-Scheme

Either party (i.e. the client or estate agent) can initiate mediation. Whether the client or the estate agent initiates the mediation, the selection of the mediation centre will be by the client.

b) The CEA Arbitration Sub-Scheme

If the parties (i.e. the client and estate agent) fail to reach a settlement through mediation, either party can initiate arbitration. The parties can proceed to arbitration at the approved arbitration centre as selected by the client for a resolution of the dispute.

Choice of the client whether to proceed for mediation or arbitration under the above Sub-Schemes

If action is initiated by the estate agent, the client can opt not to proceed with the mediation or the arbitration . Client may also choose to opt directly for arbitration without having to go for mediation first.

Definitions*

*client* is a person who has signed a relevant estate agency agreement with a licensed estate agent;
*relevant dispute* is a dispute which arises from a relevant estate agency agreement between a client and a licensed estate agent;
*relevant estate agency agreement* is an estate agency agreement signed on or after 1st January 2011 in the form prescribed under the Estate Agents (Estate Agency Work) Regulations 2010 for following property transactions:
(a) the sale, purchase or lease of residential property in Singapore on a non-exclusive basis; or
(b) the sale, purchase or lease of residential property in Singapore on an exclusive basis;

Fees for CEA Approved Mediation Centres

a. Consumers Association of Singapore (CASE) Mediation Fees

Quantum of Claim	Consumer	Estate Agent
Below $5,000	$80	$80
$5,000 - $10,000	$80	$80
$10,001 - $20,000	$120	$120
$20,001 - $30,000	$200	$200
$30,001 - $40,000	$300	$300
Above $40,000	$400	$400

b. Singapore Institute of Surveyors & Valuers (SISV) Mediation Fees

	$107 per party (including GST)
	Fee includes complimentary use of the SISV Dispute Resolution Centre facilities for up to 2 hours
	Cost for additional mediation sessions required as decided by the Parties shall be payable as follows: a. Mediator's fees: $70 (including 7% GST) per party for a subsequent 2-hour session b. Room Charges: $50 per hour (including 7% GST) All other costs incurred for the conduct of the mediation shall be reimbursed by the Parties on 50:50 basis

c. Singapore Mediation Centre (SMC) Mediation Fees

Quantum of Claim	Mediation Fees
Below $30,000	$600
$30,001 to $100,000	$2,300
Above $100k up to $250k	$1,200 per party per day
Above $250k up to $500k	$1,800 per party per day
Above $500k up to $1mil	$2,200 per party per day
Above $1mil up to $2.5mil	$2,600 per party per day
Above $2.5mil up to $5mil	$2,800 per party per day
Above $5mil	$2,900 per party per day plus pro-rated portion of 0.05% of the quantum above $5mil

Fees for CEA Approved Arbitration Centres

a. Singapore Institute of Arbitrators Arbitration Fees

Disputed Sum**	Arbitration Fees
Up to $60k (Documents-only)	Admin fee of $750 + arbitrator's fees of 20% of the sum in dispute, subject to a minimum of $1,000 and a maximum of $2,500
Above $60k (Documents-only)	Admin fee of $2,000 + arbitrator's fees of 10% of the sum in dispute, subject to maximum of $25,000
Above $1,000,000 (Documents-only)	Admin fee of $3,000 + arbitrator's fees of $25,000 plus 0.5% of the sum in dispute above $1,000,000, subject to a fee cap of $50,000
Up to $60k (where hearing is conducted)	Admin fee of $750 + arbitrator's fees of 40% of the sum in dispute, subject to a minimum of $2,000 and a maximum of $5,000
Above $60k (where hearing is conducted)	Admin fee of $2,000 + arbitrator's fees of 20% of the sum in dispute, subject to maximum of $50,000
Above $1,000,000 (where hearing is conducted)	Admin fee of $3,000 + arbitrator's fees of $50,000 plus 0.5% of the sum in dispute above $1,000,000 , subject to a fee cap of $100,000.

General Note to SIArb's Scheduled Fees

	Note that there would be an increase of 20% where a full reasoned award is required. The above proceeds on the basis of awards with summary reasons only.
	There would only be summary reasons for a claim up to $60,000.
	Disputed sum** shall be the aggregate of the maximum amounts of both the Claim and the Counterclaim, if any. Where the amount of the sum in dispute is not quantifiable, the minimum amount of fees shall be paid as an initial deposit. The Arbitrator shall from time to time be entitled to estimate or attribute a value to the matters in dispute and where this is done, the amounts of deposits and fees payable shall be adjusted accordingly.

b. Singapore Institute of Surveyors & Valuers (SISV) Arbitration Fees

Disputed Amount***	Arbitration Fees
Up to $60k (Documents-only)	Admin fee of $500 + arbitrator's fees of $1,000
$60,001 to $80,000 (Documents-only)	Admin fee of $500 + arbitrator's fees of $3,000
$80,001 to $150,000 (Documents-only)	Admin fee of $500 + arbitrator's fees of $5,000
$150,001 to $200,000 (Documents-only)	Admin fee of $500 + arbitrator's fees of $6,500
Above $200k (Documents-only)	Admin fee of $500 + arbitrator's fees of $6,500 plus [5%] of the amount above $200,000, subject to cap of $23,000
Up to $60k (where hearing is conducted)	Admin fee of $500 + arbitrator's fees of $3,500
$60,001 to $80,000 (where hearing is conducted)	Admin fee of $500 + arbitrator's fees of $5,000
$80,001 to $150,000 (where hearing is conducted)	Admin fee of $500 + arbitrator's fees of $7,500
$150,001 to $200,000 (where hearing is conducted)	Admin fee of $500 + arbitrator's fees of $8,500
Above $200,000 (where hearing is conducted)	Admin fee of $500 + arbitrator's fees of $8,500 plus [5%] of the amount above $200,000, subject to cap of $25,000

Other charges being the support services for and in connection with the hearing
(i) Hearing room (SISV Dispute Resolution Centre) at $50 per hour
(ii) Transcription services
(iii) Translation and interpretation services
(iv) Out-of-pocket expenses

General Note to SISV's Scheduled Fees

	Admin fee includes the services provided in respect of the appointment of a sole arbitrator, decisions on challenge of an arbitrator and general administration of the arbitration file.
	***Disputed Amount for this purpose shall be the sum claimed in the Request or any Counterclaim, whichever is higher or, where no specified sum is claimed, the maximum value of the disputed amount of the subject matter shall be $60,000.

Prescribed Dispute Resolution Centres Rules and Annexes/Forms

Approved Mediation Centres	Rules & Annexes/Forms available for downloading
(a) Consumers Association of Singapore	Download Here
(b) Singapore Institute of Surveyors & Valuers	Download Here
(c) Singapore Mediation Centre	Download Here

Approved Arbitration Centres	Rules & Annexes/Forms available for downloading
(a) Singapore Institute of Arbitrators	Download Here
(b) Singapore Institute of Surveyors & Valuers	Download Here

Last Updated on 17-May-2012

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