COMMUNITY MEDIATION FOR NEIGHBOURS DISPUTES
by Lee Kok Eng, Certified Mediator of Singapore International Mediation Institute
1) Community of Neighbours
Community of Neighbours can be residential, commercial, industrial, institutional and others.
This article shall confine to residential community.
Dwellers living in densely populated community of highrise public housing, highrise private housing and lowrise housing of detached, semi-detached and terrace houses are common in our context.
With people living in densely populated housing environment, a lot of self-discipline and good neighbourliness are essence for happy and conducive living environment.
In multi-racial, multi-religion, multi-cultural, mixed aged groups and mixed educational backgrounds neighbours’ livings within a proximate environment is always a challenge to the community.
Relational issues and discords occurring between or among neighbours are perennial amidst community.
Dispute resolution for such neighbours disputes of the community pre-existed the advent of institutional or structural alternative dispute resolution like modern mediation.
Being one of the early mediation learner and practitioner myself pioneering the practice of mediation in the early nineteen nineties in Singapore, I had been requested by grassroots leaders and grassroots advisers to mediate adhoc neighbours disputes on their living conditions disputes and even spousal disputes. There were no proper venues for mediation then and mediations were conducted in venues such as apartment unit, town council or common area.
With the formation of Singapore Community Mediation Centre (CMC) in 1998 and subsequent years with various CMC satellite centres being set up, community mediations thereafter had proper venues for mediators and disputants.
Institutional Community Mediation is in its 22nd years now whereby I am one of the very first batch of mediator with CMC despite my adhoc mediation experience started in the early nineteen nineties.
2) Introduction to Mediation
In the early nineteen nineties, Mediation was many a time misread as Meditation.
The common folks heard and know about meditation being practiced by religious individuals, like Buddhist monks, Taoist Priests and practitioners of various faiths but they are less familiar on the existence of mediation although mediation had already been practiced informally by Clan’s Elders of various Associations in the Asian communities for centuries.
Meditation is about a guided way to train the minds of the individuals, whereas Mediation is all about listening, communicating, understanding, problem identification and dispute resolution by the individual, ie the Mediator.
3) History of Mediation
Mediation is not new to Asian cultures. Disputes were usually mediated by respected elders and industry professionals as the neutral third party. Disputants talk over their differences and try to resolve the dispute in a reasonable and respectable manner before a mediator.
4) Singapore Mediation Legislations
Adhoc mediations have been a practice in Singapore by community and clan elders for years until institutional mediations kicked off in Singapore with the passing of legislations and formation of several mediation centres in the late ’90, such as the Singapore Mediation Centre (SMC), Community Mediation Centre (CMC), Small Claims Tribunals (SCT), Consumers Association of Singapore (CASE) which I am all associated with and some others sprung up over the years. Traditional styled adhoc mediations occasionally still conducted by accredited mediators.
Singapore has the following mediation legislations:
- Community Mediation Centres Act 1998
- Community Disputes Resolution Act 2015
- Mediation Act 2017
- Singapore Convention on Mediation Act 2020 which the United Nations based Singapore Convention on Mediation has come into force with effect from 12 September 2020.
However, there are other legislations with the requirements of mediation stipulated in those legislations.
5) Conflict and Dispute
Whenever there is relationship between people or among people, there is always a possibility conflicts or disputes arose in them over times.
There are many definitions on conflicts and disputes but, I would like to simplify conflicts as the subset of disputes. A conflict could be as simple as a different in views, opinions, or approaches in handling a matter beginning with a simple different in views, opinions, or approaches on one (1) matter to several matters over time. Whenever, the matter or matters are at its origin state, I reckon that it is still a conflict. A dispute is an accumulation of unresolved conflict(s) over time where the dispute(s) aggravated into a chain of events between the disputing parties into problems of multiple disputes, ie, “the issues” whenever the disputes remain unresolved.
It is always ideal to nib any problem at the bud or attend to a conflict whenever it first arises. But, in reality, conflict is naturally ignored at its first instance by the person or persons not realising it at its first instance at the start and thereafter giving rise to a problem. While it is advisable to address conflict(s) as early as possible, many a time, disputing party(ies) only realise the need to resolve the problem when it escalated into a dispute. However, it is never too late to resolve the dispute(s) whenever the disputing parties (disputants) are willing to confront the dispute(s) face-on.
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Conflict – Disagreement – Disapproval – Denial – Defamation – Dislike – Differences – Hatred – Ignorance – Jealousy – Misrepresentation – Negative view – Opinion – Prejudice – Preference – Positional – Quarrel – Unacceptable – Etc |
Dispute – Placing of flower pots at common area – Washing of corridor – Hanging of urn and burning of incense paper – Irritable and loud noises – Banging of doors – Dripping of wet laundry – Ceiling leakage – Personal harassment – Hurling vulgarities – Inter-personal conflicts – Assault – Landlord/Tenants squabbles – Family quarrels – Family living arrangements – Smell – Pet – Encroachment of tree – Etc |
Where Conflict if not addressed and resolved, it could turn into a related Dispute.
Any word, act or thought with negative connotations involving two or more disputants are potential disputes.
6) Why eroding of good neighbourliness
Kampong spirits is the key to good neighbourliness whereby neighbours associate with each other to the extent that they keep their houses’ main door opened whole day long allowing entry by neighbours having no fear of outsiders.
The diminishing of kampong spirits of togetherness and care is eroding nowsaday in current modern living environment whether in public and private highrise housings and landed housings.
It is prevalent nowsaday that households keep their main door closed at all times. This leads to Residents (Dwellers) do not know much about their neighbours, such as their names and occupations.
Dwellers have difficulty of understanding their neighbourhood ensuing from the closed door concept of living.
Lack of interaction and understanding between neighbours is the cause of difficulty of resolving disputes by themselves.
To seek understanding, one needs consideration. Seeking to understand is insufficient unless the Dwellers seek to be understood.
Seeking to be understood, it needs courage to disclose and communicate so that one Dweller could understand the other Dweller.
A gracious society would emerge only when people are by nature considerate, interact spontaneously and understand others willingly.
7) Types of Neighbour
a) Disinterested (Hack care) type
They are self-centred and could be selfish as well.
They might play loud music for their own enjoyment disregarding the loud volume disturbing other neighbours.
b) Ultimatum (Last call) type
They are draggy and have the habit to procrastinate.
They might have habit of occupying the common area with their belongings obstructing other neighbours movement but disinterested to remove those obstructing belongings until authority actions.
c) Status Quo (No change) type
They are dogmatic and dislike changes of the present.
They might be habitually hanging their wet laundry over the parapet wall but during National Day period where Country flags donning on the outer surface of the parapet wall, their wet laundry draped over the parapet wall of country flags would continue and could be unsightly, but the habit die hard for this type of residents to stop hanging their wet laundry over the parapet wall with Country flags.
d) Transference type
They are dogmatic, linger to their past and dislike changes or being different from their past.
They might be habitual smokers smoking from their window or balcony frequently for years without complaint from other neighbours whom were smokers themselves but with a newly shifted-in neighbour detesting smoking smell and second-hand smoke, they linger on past routine and reluctant to adjust the smoking routine for the new non-smoker neighbour sake despite the smoking complaint.
e) Paranoid type
They can be easily agitated. They view themselves as being victimized and badly treated. They normally respond with reprisal.
They might be the ones complaining or being the Respondent being complained by other neighbours. They are likely those people with lower threshold to noises, smell, sights and tolerance levels.
f) Possessive type
They enjoy claiming ownership and taking possession of anything that conveniently apparent to them. The ownership and possession are neither legal nor contractual ascribed to them, the Claimants.
They are likely the existing dwellers which occupied the common area with their own belongings obstructing the movement of other neighbours or might even be by new dwellers that occupy spacious common area not being occupied by existing dwellers to maintain smooth traffic movement of other neighbours.
8) Surge in Dispute during Singapore Circuit Breaker Period
The World Health Organization (WHO) had announced COVID-19 a pandemic sometimes in March 2020 and almost all of the countries in this world were infested with COVID-19 at the time of writing this article.
Singapore government declared Circuit Breaker (CB) equivalent to a lockdown for a total period from 7 April 2020 to 1 June 2020 following passing the law COVID-19 (Temporary Measures) Act 2020 on 7 April 2020.
Since 7 April 2020, almost all people in Singapore except a small number of organizations and their employees classified under essential businesses were allowed to work at workplaces while the majority of the population remained at home and many of them Work from Home (WFH).
From the public media reporting of Straits Times, Channelnewsasia, from organizations like, Housing and Development Board (HDB), National Environment Agency (NEA), from some Members of Parliament and myself who is associated with the Community Mediation Centre, it is noted that complaints received during and post CB, there is a surge in community dispute complaints occurred and received by the relevant Authorities during the CB period.
Due to family members remained at home for a long period of time, conflicts and disputes quickly being noticeable from quarrels between family members and neighbours.
The surge of community disputes are mainly noises, smoke, smell and human interactions complaints.
On noises, when full household members at home together with their neighbours also full household members at home, mild or insignificant sounds inherent from neighbours in the past which were not noticeable or not at home to notice the sounds, but during that CB period, the sounds when being perceived as noises aroused dissatisfactions and unhappiness among those less tolerant neighbours. As reported in the media, while many people picked up exercises at home resorted to jumping, stamping and rowing on the floor had induced sounds perceived as unbearable noises to the next floors (lower and upper) and next doors neighbours. Some even resorted to scheduled sport training programs either for hobby or from institutions of learning or professional trainings, such as practising basketball and speed running causing noticeable noises to the surroundings. Adding on to the noise complaints are more people dancing and singing at home at any part of the day and night attracting more unhappiness in the neighbourhood. Construction and Renovation noises were common and attracted few complaints in the past but post CB period, such noises complaints surged as well.
On smoke, there were more smokers smoking from their home such as at their balcony and window area for being holed up at home. Complaints on second hand smoke reaching
the surrounding households grew from an insignificant amount of such complaints to many of such complaints owing to all smokers could only smoke at home during and post CB period for those still WFH. The complaints hence not only on the detrimental second hand smoke but the cigarette smell dislike by many people.
On smell, there were more home cooking activities going on although there was availability for home delivery food but indeed, home delivery relatively fewer compare to majority of the households were cooking at home. The household composition of the neighbourhood, whether public or private highrise housings and landed housings, the profile of the neighbourhood comprises people from different nationalities, cultures and races. As such, the vast varieties of foods being cooked vary from different nationalities, cultures and races which the home cooking activities in the proximate house to house distances propagated the smell largely around the neighbourhood were unavoidable to some people. It’s therefore, attracted home stayed individuals at home smelling those unfamiliar or disliked smell of cooking and foods from their neighbours incidentally and unavoidably. Burning of religious items, such as joss sticks, joss coils, sandalwood and at times incense papers also gained more attention when people were mostly at home during CB period.
On human interactions, within family; husband, wife, children; and for other instances of multi-generation living; grandparents, in-laws all at home within a confined household compound for that long CB period was challenging to human interactions and behaviours. More discords, arguments, quarrels occurred. Human interactions among neighbours during CB period uncannily gave rise to complaint on obstruction of objects on the common area by neighbours.
Singapore government had launched Phase 3 of COVID-19 with effect from 28 December 2020 recently during the writing of this article which among others, there would be liberalization of more employees allow to work in the workplaces but notwithstanding some of the organizations’ employees might remain WFH as an unchanging trend thereon.
Before the advent of COVID-19, it was known that most companies were reluctant to allow employees to have alternative workplaces such as HOME giving reasons that it was then impossible in many fronts, such as not ready of organizations, not ready of employees, not ready of office capabilities, like communication technologies and others being undeveloped then. But with COVID-19 being declared a pandemic in 2020, WFH evolved and developed which proven otherwise that indeed WFH is possible, viable and welcomed.
Despite of more employees could be returning to work in the workplaces from 28 December 2020 on the launch of Phase 3 COVID-19 in Singapore, whether in Singapore or elsewhere in the world having such liberalization amidst this pandemic, the trend of WFH is to stay and it could be gaining popularity over times through advancement of impending communication technologies, changes to work models and no boundary cross border work capabilities of supply and demand of services’ providers (individuals) practise by domestic cum international companies.
The prognosis on community disputes is likely to be on the rise with more and more people WFH, hence the quick fix solutions to such disputes is none other than “mediation” which is expeditious and affordable unlike litigations.
I believe this is only the tip of an iceberg whereby there is other unhappiness among neighbours over hanging of laundry, dripping of water, water leakages, pet disturbances and others are brewing pending eruptions.
9) Dispute Avoidance or Dispute Resolution
Although there are more possibility of new and existing neighbours differences owing to they having not adjusted to each other living styles and behaviours yet developing from conflicts to disputes, there were cases where some existing neighbours over times also developed conflicts to disputes that warrant resolution as well.
The management of dispute could be dispute avoidance and not only dispute resolution.
Dispute Avoidance is likened to play safe, ie, “Don’t play with fire”. So, for example, banging of doors deliberately or accidentally. For avoidance, refrain from deliberately slamming your house door but close the door gently instead; or mitigate banging of door by installing door closer or using door wedge if there are frequent sudden strong wind occurring to your house.
Dispute Resolution is likened take action, ie, “Fire cannot be left unattended”. So, for example, irritable and loud noises being complained by your neighbour. Self-remedy would be to communicate with the complainant, listen to complainant on his complaint, understand the complaint and identify what is problematic leading to the complaint whether it is your music being played too loud or more than what’s self-remedy could help. If not possible to self-remedy or self-remedy not workable, then seek dispute resolution through mediation.
As such, the approach to resolve a dispute could be in these steps:
- To avoid conflict or dispute, practise self-restraint and be considerate;
- To manage conflict or dispute by self-remedy if it cannot be avoided;
- For dispute resolution, attempt mediation by an accredited mediator when the dispute worsened and become unmanageable.
10) Nature of Mediation
A neutral 3rd party helps disputants to reach a mutually satisfactory solution.
Mediation is a voluntary settlement process.
The Mediator does not make decision for disputants.
Disputants retain control on the contents and the outcomes.
Disputants can meet mediator separately and divulge intimate facts to the mediator.
Disputants generate own options or solutions during mediation.
A signed settlement agreement is binding between parties.
11) Process of Mediation
The process of mediation comprises the following steps:-
- Mediator’s Opening Statement
- Parties’ Opening Statement
- Identification of issues
- Exploration of issues
- Private Session(s)
- Joint Session(s)
- Conclusion / Settlement
12) Participants of Mediation
It is encouraged that disputants themselves participate in the mediation session(s).
At times, Authorised representatives are permissible to attend mediation session(s) instead, but disputants must have valid reason for not being able to attend.
It is uncommon for neighbours disputes to require lawyers and expert witnesses to attend the mediation session, but in Court referred community mediation, lawyers and expert witnesses might be allowed on a case-by-case basis.
13) Settlement
Mediation Agreement has to be in writing and signed by all disputants.
The Mediation Agreement is binding and enforceable in Court.
14) Conditions for success in mediation
The Disputants are adequately briefed on the mediation process.
The Nature of conflict or dispute has been accurately ascertained by disputants and mediator.
The Issues and interests pertinent to disputants are made known to them during the mediation.
The Disputants’ expectations should be realistic and practical.
The Disputants’ wills to communicate with each other openly and honestly. There should be no fishing expedition.
The emotions and psychological conditions of disputants are taken into account by the mediator.
The Disputants are given the opportunity to express their views and angers in moderation.
The Disputants are sufficiently aware of the feelings and viewpoints of the other disputants.
The options for settlement have been adequately explored by the disputants.
15) Benefits of mediation
- Cost and time saving
- Confidential
- Disputants in control on mediation process
- There is wider range of remedies available to the disputants.
- It can achieve more satisfying solution.
- Able to preserve relationship between disputants.
- No publicity.
16) Pitfalls of unresolved Disputes
It is advisable to nib any problem at the bud or attend to a conflict and dispute whenever it first arises.
Unattended or unsettled disputes could turn into hatred and acrimony.
Ill feeling, exasperation and aggravated thoughts are pervasive when dispute remains unresolved.
Two parties’ disputes could propagate into multi-parties involving their family members, friends and even sympathisers when dispute remains unresolved.
The consequences of unresolved dispute could result in tensions being built-up, unco-operations and retaliations between parties.
When unresolved dispute reaches its tipping point, any disputing party might take law into their own hands against the other. There are cases where people were prosecuted and convicted for criminal acts committed.
17) Dispute Cases
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People took law into their own hands:-
Case 1 reported in Mar 1998
A 6 years old feud between 2 next door families ended in an assault. The aggressor was fined S$1,000.00 for assaulting his neighbour.
Case 2 reported in May 1998
The aggressor hit her 60 years old neighbour with a bamboo pole over dispute on flower pots. After appeal, Former Chief Yong Pung How reduces the sentence to a fine of S$500.00 from a 2 weeks jail term for causing hurt.
Case 3 reported in Mar 1999
A dweller suspecting his neighbour killing his potted plants placed spear together with a kitchen knife, leaves and twigs to scare his neighbour. The Magistrate fined the dweller S$1,000.00 for alarming his neighbour.
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Cases mediated by Community Mediation Centre as reported in November 1998:-
Case 4
A complaint on noisy neighbour was resolved after the respondent agreed that the complainant could examine his flat for the source of noise.
Case 5
A family fight ensued over a misunderstanding was resolved before a trained mediator.
Case 6
A squabble between a shop owner and a dweller was resolved when both parties agreed to mind their own business.
Case 7 (Lianhe Wanbo Reported in 2002)
The infamous Everitt Road dispute – bad-blood since 1993.
Seven families engaged in vicious cycle tit-for-tat retaliations, drawing in the police, lawyers, an MP and several onlookers visiting the location of occurrence even from our Malaysian visitors.
Case 8 (TODAY reported in August 2011)
Curry smell dispute – Dispute over a migrant family from China and Singaporean Indian family over the smell of curry emanating from the latter’s house.
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Cases mediated in Community Mediation Centre by me:-
Case 9 in 2016
Curry smell dispute – I mediated and settled it.
18) Conclusion
This article covers neighbours disputes in the residential community.
Kampong spirits in Asian context has been the formula for good neighbourliness. But, with the diminishing of kampong spirits of togetherness and care is eroding good neighbourliness nowsaday leading to the prevalent of neighbours disputes.
This article discusses approach to manage a dispute whether by avoidance or resolution, the conditions for success in mediation, the benefits of mediation, the pitfalls of unresolved disputes and lessons learned from reported dispute cases.