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Mediation: standards of conduct

Ahmad, Muhamad Hassan and Ishan Jan, Mohammad Naqib and Nafees, Seeni Mohamed (2020) Mediation: standards of conduct. In: Alternative dispute resolution: law & practice. CLJ Publication, Kuala Lumpur, pp. 183-198. ISBN 978-967-457-144-3

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Abstract

In conducting an effective mediation, the standards of conduct of mediators in the process, inter alia, play a pivotal role. In Malaysia, the Mediation Act 2012 (‘Act’) was enacted with the intention to: “promote and encourage mediation as a method of alternative dispute resolution by providing for the process of mediation, thereby facilitating the parties in disputes to settle disputes in a fair, speedy and cost-effective manner and to provide for related matters”. The Act defines ‘mediation’ as: “a voluntary process in which a mediator facilitates communication and negotiation between parties to assist the parties in reaching an agreement regarding a dispute”. It provides some standards of conduct for mediators but these standards are not sufficient. Therefore, the standards of conduct for mediators prepared by the American Arbitration Association (AAA); the American Bar Association’s Section of Dispute Resolution (ABA); the Association for Conflict Resolution (ACR), i.e., the Model Standards of Conduct for Mediators 2005; and standards of conduct for mediators adopted by the New Jersey Supreme Court, i.e., Standards of Conduct for Mediators in Court-Connected Programs 2000; are also discussed in an extensive manner in this chapter. Basically, there are some well-known standards of conduct for mediators such as self-determination; competence; confidentiality; impartiality; conflicts of interest; quality of the process; fees for service; advertising and solicitation; and advancement of mediation practice.

Item Type: Book Chapter
Additional Information: 8116/78606
Uncontrolled Keywords: Alternative Dispute Resolution (ADR), Mediation, Standards of Conduct for Mediators.
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: 10 Dec 2020 23:39
Last Modified: 19 Jan 2021 18:03
URI: http://irep.iium.edu.my/id/eprint/78606

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