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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