Mediation in the native courts of Sabah and Sarawak

Ali Mohamed, Ashgar Ali and Sardar Baig, Farheen Baig (2014) Mediation in the native courts of Sabah and Sarawak. In: International Academic Conference on Law and Politics (IACLP 2014), 26-27 Apr. 2014, Istanbul, Turkey.

PDF - Published Version Restricted to Repository staff only Download (1MB) | Request a copy

Abstract

Mediation is an alternative dispute resolution mechanism process which is principally aimed at exploring options for amicable settlement of a dispute and to facilitate negotiations between the parties. Mediation is conducted in private settings by a neutral third party who is usually skilled, trained or experienced to mediate. Through this process, the disputing parties are able to speak among themselves, and work together to find a lasting common solution to their conflict under the guidance of the mediator. Undoubtedly, litigation in courts is costly, time-consuming with unpredictable outcomes and above all, it has the potential to damage irreparably the relationships between the parties. It must be noted that there are many disputes that need resolution outside the framework of conventional litigation. Having said the above, this article discusses the application of mediation in resolving customary disputes among the native of Sabah and Sarawak with particular reference to its practice in the native courts of the above mentioned states.

Item Type:	Conference or Workshop Item (Full Paper)
Additional Information:	2924/36499 International Academic Conference on Law and Politics (IACLP 2014) Conference proceedings (ISBN: 9789941065514) pp: 46-88
Uncontrolled Keywords:	mediation, law and politics, Sabah, Sarawak
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	05 May 2014 10:42
Last Modified:	16 Oct 2015 15:45
URI:	http://irep.iium.edu.my/id/eprint/36499

Actions (login required)

View Item