Walking the Tightrope of Neutrality As Mediator, Advocate and Enforcer – A Study of Ethics in Singapore Employment Disputes Mediation
Charmaine Yap
[2025] Asian JM 99
Abstract:
This article examines the multifaceted role of mediators in employment disputes under Singapore’s Tripartite Alliance for Dispute Management (“TADM”). It argues that classical mediator neutrality, understood as passive non-intervention, is insufficient to guide TADM mediators in performing their functions as a mediator, norm advocate, and enforcer which can pull in divergent directions. The article argues for a model of principled facilitation where TADM mediators are informed by their institutional mandate to uphold fair employment norms, which is better aligned with TADM’s mission as both a dispute resolution forum and a protector of fair employment practices. Practical recommendations for aligning TADM mediations more closely with a principled facilitation approach conclude the discussion.