IIUM Repository

Mediation Institutions

Ishan Jan, Mohammad Naqib and Daud, Mahyuddin and Ahmad, Muhamad Hassan (2020) Mediation Institutions. In: Alternative Dispute Resolution: Law & Practice. CLJ Publication, Selangor, Malaysia, pp. 370-380. ISBN 978-967-457-144-3

[img] PDF
Restricted to Registered users only

Download (957kB) | Request a copy

Abstract

Mediation has recently become popular alongside the other means of alternative dispute resolution (ADR) mechanisms. The interest in mediation is universal, and the rise of mediation is global. In Malaysia, mediation is still at the beginning phase, and is still not a widely-acknowledged ADR means, both in private mediation or court-based mediation. Nonetheless, efforts have been made by the judiciary as well as the Bar Council to endorse parties in disputes to choose mediation.1 The process to increase awareness for mediation has been mooted by the Malaysian government, judicial and legal fraternity, of which was realised through the passing of the Mediation Act 2012. Parties are not obliged to mediate before litigation and arbitration, which is also an attractive element for consideration. Established professional mediation institutions in Malaysia provide mediation services to the public. This includes the Financial Mediation Bureau (‘FMB’), the Malaysian Mediation Centre (‘MMC’), the Asian International Arbitration Centre (‘AIAC’) and the Legal Aid Bureau (‘LAB’). Mediation services operated by the courts are known as court-annexed mediation or judge-led mediation. Sessions are mediated by the High Court Judges, Sessions Court Judges, Magistrates and their Registrars. This chapter deliberates the background, roles, jurisdiction and relevant procedures of mediation institutions in Malaysia.

Item Type: Book Chapter
Additional Information: 2866/78605
Uncontrolled Keywords: Alternative Dispute Resolution (ADR), Mediation, Financial Mediation Bureau (FMB), the Malaysian Mediation Centre (MMC), the Asian International Arbitration Centre (AIAC), the Legal Aid Bureau (LAB).
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Dr. Muhamad Hassan Ahmad
Date Deposited: 02 Mar 2020 10:03
Last Modified: 18 Mar 2020 19:34
URI: http://irep.iium.edu.my/id/eprint/78605

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year