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Alternative dispute resolution

Ali Mohamed, Ashgar Ali (2020) Alternative dispute resolution. In: Malaysian legal system. CLJ Publication, Ampang, Selangor, pp. 893-928. ISBN 9789674571498

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Abstract

Litigating disputes in the ordinary courts of law is costly, time- consuming with unpredictable outcome and above all, the ‘winner takes all’ and this, inevitably, would damage irreparably the relationships between the disputants. In the administration of justice, the courts are often busy with an accumulated backlog of cases. The undue delay affects the disputants tremendously in terms of reputation, time and costs. There has been dissatisfaction expressed by the public for the inordinate and inexcusable delay in the disposal of cases in the courts in Malaysia and often blame has been leveled against the courts, when in fact, there are other factors that have equally contributed to the delay. Lengthy and convoluted court procedures have been identified as the main reason for the delay in the disposal of cases in the courts. These are in addition to the shortage of manpower in courts and unnecessary requests for adjournment among others. Hence, this chapter would highlight the constrains of the traditional mode of dispute settlement, and thereafter discuss the alternative modes of dispute resolutions with special reference to mediation and arbitration

Item Type: Book Chapter
Additional Information: 2924/81466 - Library has no copy
Uncontrolled Keywords: Alternative dispute resolution
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Ahmad Ibrahim Kulliyyah of Laws
Depositing User: Dr Ashgar Ali Ali Mohamed
Date Deposited: 09 Jul 2020 12:17
Last Modified: 09 Oct 2020 13:34
URI: http://irep.iium.edu.my/id/eprint/81466

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