Definition of Mediation

Mediate means form connecting link between; intervene between two persons for the purpose of reconciling them; be a medium for bringing about result.

ADR Committee

In 1997, the Malaysian Bar Council established a committee known as Alternative Dispute Resolution Committee. Among the efforts expected to be carried out by ADR Committee are:

1. To introduce mediation in courts;

2. To strive for the setting up of a Malaysian Mediation Centre;

3. To promote mediation;

4. To train lawyers to be mediators; and

5. To draft the mediation rules.

Malaysian Mediation Centre

Matters relevant to submission of dispute to Malaysian Mediation Centre (MMC) Mediation Rules. 

1. Referral to Bar Council’s MMC

– Rule 3.1 and 3.2 

– non-refundable RM100 processing fees.

– 2 modes of reference; either by joint submission by two parties OR request by one party.

2. MMC’s action in relation to Request

– Rule 3.3. 

– Upon receiving the Request and RM100 payment, MMC to contact all parties and attempt to obtain a submission to mediation within 14 days from the receipt of Request.

– to inform all parties whether mediation can proceed within 21 days from receipt of Request.

Appointment of Mediator

7 days from the date of reference where parties to choose from the list provided by the MMC from the Panel of MMC’s mediators.

After expiry of 7 days, President of Bar Council will choose from the Panel of MMC’s mediators as stipulated under Rule 5.1.

Mediation Stages [Part 1]

1. Pre-mediation process

– Parties sign a mediation agreement indicating submission to mediation.

2. Preliminaries

– An introduction to mediation. 

3. Mediator’s opening statement

– Ground rules are laid down by the mediator for the session.

4. 1st Joint Meeting / Joint Session

– Parties are invited to state their respective cases in each other’s presence.

Mediation Stages [Part 2]

5. Private Caucus / Private Meeting / Single Session

– Optional. Usually exercised to enable parties to vent emotions and to speak freely. Allows mediator to pick out common issues and hidden messages.

6. Subsequent Joint Meeting / Joint Session

– Resumed after caucus. Parties are encouraged to create options to overcome their problem. 

7. End of mediation (Outcome)

– Either settlement or non-settlement

– If parties can settle, they can sign settlement agreement witnessed by the mediator

– If parties cannot settle, they either proceed to other ADR; Arbitration OR initiate their case in court.

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