assignment adr ( natrah mazman & ros juliana)

8/13/2019 Assignment Adr ( Natrah Mazman & Ros Juliana)

1/21

INTRODUCTION

Mediation is a private, voluntary dispute resolution process. Parties agree to

allow a neutral third party (mediator) to assist them. The mediator identifies issues of

mutual concern. He facilitates, develops options and proceeds to resolve those issues.

He tries to find an answer acceptable to disputants. 1

Mediation is described by olberg and Taylor (1!"#) as a process $ by which the

parties together with the assistance of a neutral person or persons, systematically

isolate disputed issues in order to develop option, consider alternatives, and reach a

consensual settlement to accommodate their needs%.&

' mediator has no decisionmaing power whatsoever. *ero compulsion is the

cornerstone of a convincing mediation. The mediator%s persuasion, patience and

passion for mediation wor are essential attributes. These attributes may mae a

mediation successful. +n the other hand, their absence is sure to mar mediation.

The role of mediator is multi functional e.g .

(1) Host and chair - convening discussions, attending to special needs of

disputants including the language and dialect as vehicles of communications

ensuring that the agenda is constructive, and obstacles are overcome, for an

agreement to be reached#

(2) Guide, coach and educator - steering the parties towards effective

negotiation behavior and away from destructive, selfdefeating manoeuvres/

10eminar on Mediation The 2avigation of Malaysian Mediation 34oute to 4esolutions5 by 6. ' 7atu8ira 9ow Hop :ing on &/th+ctober &;1;.22or adbid.4>bid.5>bid.

1


2/21

(3) Referee- offering each party an e?ual place at the bargaining table, allowing

each voice to be heard, or to withdraw from mediation if it is no longer

constructive.@

(4) aster co!!unicator and transfor!er providing a bridge to disputants

with eAtreme and opposing positions, hear their interests, issues, proposals,

feelings, principles and values. He tries to transform disputes and conflicts

into chances and probabilities of resolution for disputants.B

(") #ssessor of rea$it% - urging evaluation and reevaluation of positions and

assumptions and encouraging assessment and reassessment of the

disputants."

(&) 'rotector of the rocess - protecting the process of mediation and

prohibiting parties from using a session merely to obtain an advantage or to

abuse one another.!

'ccording to the review of mediation research by 8all and 7unne (&;1&)

mediation has in the past three decades, been shown to be increasingly useful forresolving conflicts worldwide and has been practiced in various field, including family

law mediation. Mediation has now become one of the main techni?ues of 'lternative

7ispute 4esolution employed in divorce and family issues in particular.1;

+ne of the most important differences between mediation and the court process

(which is called litigation) is that mediation allows people to reach agreements that

meet everyone interest. The court process, on the other hand focuses on opposing legal

rights and obligations of the parties. >n litigation, one person wins and the other person

loses.

6>bid.7>bid.8>bid.9>bid.10>bid 2o. &.

2


3/21

ediation in Cii$ atri!onia$ 'roceedin*+

People often assume that family disputes must be settled in =ourt by a Cudge.

The reality is that most family disputes are settled before they reach the courtroom.

Mediation is a tool, which has its own core values, necessary elements, advantages,

and limitations. >n several studies, it is argued that mediation is especially appropriate in

family and childrelated matters because it encourages collaborative problemsolving by

the parties involved and often chance to champion the principle of the best interest of

children. 11

Dvidence in the E0, a country where there has been a considerable research on

the topic, suggest that despite being posited as a less traumatic resolution and less

eApensive postseparation process, mediation programs that depend on parties

voluntary participation attract relatively few cases, even in family disputes. 1&

Mediation can be used for many inds of family disputes but is most often usedwhen couples separate or divorce. >n these situations there are sometimes

disagreement about the value of the family home and how assets are to be divided. >f

children are involved there can be disputes about where and with whom the children will

live, how often and when the children spend time with the noncustodial parent and how

the parents will share the cost of raising the children. 1

0omething that often maes family disputes different from other inds of disputes

is how emotional people may be, especially when disputes about child custody and

access arise. Fiolence and abuse can also be factors. The violence or abuse may have

occurred in the past or may be happening at the time of the separation or divorce.

11:rown 1!"&. Pearson and Thoennes 1!"".12Maccoby et. 'l 1!!& 2elle 1!!1 Pearson and Thoennes 1!"" Fincent [email protected]>bid.

3


4/21

8hether there is a history or pattern of violence or abuse in family is a factor that can

influence how a family mediation will proceed.

amily disputes can have different characteristic than other ind of civil disputes,

and these differences should be ept in mind when choosing mediation and a mediator.

>n mediation, it is important that one person not be at disadvantage in negotiating a

settlement.1#

Mediators will loo to see if there is a power imbalance between the parties that

will mae it difficult to negotiate a fair agreement. or eAample, one person may not be

as good as the other in speaing up for him or herself. Power imbalance can result from

the personalities of the people involved, but can also result from violence or abuse in a

relationship. 'ssessing whether or not parties can negotiate on a balanced footing is

something that family mediators should be trained and eAperience in doing.1/

+ften the mediation process can be structured to tae into account a power

imbalance for eAample a mediation session with two mediators 3 one female and one

male 3 might be recommended. 0ometimes a mediator will suggest that people do not

attend mediation together rather, the mediator meets with them separately. This issometimes called shuttle5 mediation or caucusing5. 0ometimes people as a lawyer or

some other person to come to mediation with them, in order to provide legal advice or

other support.1@

8here there is a serious concerns about violence in a relationship, to the point

where the safety of one of the individuals is an issue, mediation may not be the most

appropriate dispute resolutions process, and the case may be best resolved by the

=ourt.

14>bid.15www.mediatebc.com.16>bid.

4
http://www.mediatebc.com/http://www.mediatebc.com/


5/21

amily mediators often have training in managing highconflict cases and the

dynamics of family violence, as well as training and eAperience in mediation theory and

practice. 0ome family mediators may specialin family disputes, it is common to file the signed agreement with the court

or to use the agreement as the basis for a court order. >t is recommended that people

see independent legal advice before signing the agreement. The agreement is lie any

contract reached between two people. >f someone breaches the agreement, parties can

meet again with a mediator to attempt to resolve the dispute or use the court process to

enforce the agreement.

0ometimes only some of the issues in dispute settle at mediation and sometimes

none of the issues settle. >n these cases, the parties can go to court to have a Cudge

mae a decision on the unresolved issues. 4esearch shows that cases which go to

court after a mediation session often settle more ?uicly and with fewer court

appearance than cases go directly to court. 'fter participating in mediation people tend

to have a clearer idea of what the dispute is about and how they would lie to see thedispute settled.1B

Malaysia has yet to introduce mandatory mediation in its civil legal system. 'n

eAtensive search of the literature both Malay and Dnglish did not find a single study on

the development of a mandatory family law mediation program for the Malaysian civil

law system. Foluntary mediation is available in Malaysia, however it attracts a low level

of participation. or eAample in &;11 only seven cases were referred to the Malaysian

Mediation =entre (MM=).1"

The introduction of the =ourt%s Practice 7irection 2o. / of &;1; on Mediation and

the Guala 9umpur =ourt Mediation =entre saw an increased usage of mediation as an

17>bid.18>bid 2o. &.

5


6/21

alternative in settling civil disputes in the Malaysian High =ourts.1! These civil disputes

include family law cases. 'lthough family cases are considered as one type of cases

that may be mediated, the Practice 7irection 2o. / of &;1; on Mediation is silent on

issues affecting mediation in family disputes, including screening for violence and

empowerment issues.

ediation in Is$a!ic atri!onia$ atters+

8here a husband and wife have agreed to divorce, mediation focuses on

resolving claims related to maintenance during the period of $iddah, consolatory gifts

(mut%ah) Cointly ac?uired property (harta sepencarian) and the custody of children. &;

>n principle, different functions are assigned to the mediation counsellors, athis

and Cudges counselors, handle consultations, athis arbitrate and Cudges adCudicate.

However, during consultations, counselors only sometimes act a mediators. 0imilarly

athis normally promote compromise and reconciliation rather than arbitration.&1

0tudies found that mediation was practiced in all 0yariah =ourt in Malaysia long

before there were specific provisions and procedures established for mediation. 7uring

these times, conciliation was achieved through discussion by the parties and the

suggestion of Cudges and counsels.&&

Mediation in 0yariah =ourt is carried out with the following obCectives-&

19'braham Mathew &;11.204aihanah 'bid.22>bid.23www.app.syariahcourt.gov.sgmediation

6
http://www.app.syariahcourt.gov.sg/mediationhttp://www.app.syariahcourt.gov.sg/mediation


7/21

1. To help parties reach a divorce settlement within a shorter time. Parties

wishing their matter to be settled at the mediation stage must reach

agreement on the following issues -

a) 7ivorce

b) Payment of nafah iddah and mut%ah

c) =ustody of children

d) 7ivision of matrimonial property.

&. To dispense with a =ourt hearing which may have an undesirable effect on

the children.

. To help parties have a better understanding of issues relating to divorce so

that they will have proper decisions.

#. To help parties save cost if their matter can be settled at the mediation stage.

/. To mae it easier for matters relating to children and matrimonial property to

be discussed and resolved should these arise after the divorce.

@. To avoid dissatisfaction between parties in that the decision to divorce is their

own and not the =ourt%s.

B. To save parties from washing dirty linen in public.

Mediation is a process encouraged in >slam. 'llah%s commandment in the Iuran,

24>bid.

7


8/21

>f a wife fears cruelty or desertion on her husband%s part, there is no blame on

them if they arrange an amicable settlement between themselves and such

settlement is best. Dven though men%s souls are swayed by greed, if you do

good and practice selfrestraint, 'llah is well ac?uainted with all that you do.5

>slam advocates the amicable settlement of every dispute to avoid antagonism

between parties. >n a divorce, an amicable settlement between parties would generate

in them a sense of respect for each other even though they have separated.

=onse?uently, issues relating to the children too can be settled Cudiciously.

The 0elangor >slamic Judiciary 7epartment defines sulh as a meeting between

two disputing parties involving one or more claims in the 0yariah =ourt which is chaired

by a 0ulh +fficer. >n the event of voluntary agreement is achieved by both parties, such

agreement will be recorded before a Cudge as an order of the =ourt without having to

go to through a trial. 0ulh can only be implemented after divorce of after the =ourt

granted a leave for polygamous marriage.&/

0ulh proceedings implemented in the 0yariah courts is not merely mediation. >t is

broader than mediation as it may also covers haam who have the authority to confirma divorce. This is possible by virtue of the laws enacted in the >slamic amily 9aw in

various states. 2evertheless the principles of mediation are applied throughout the

process of sulh. 0ulh procedure is provided under 0ection #B of the >slamic amily 9aw

'ct (ederal Territories).&@

The 0ulh wor process is as stated below -

a) Parties will have to register their matter

25*ainul 4iCal 'bu :aar, 0ulh in the Malaysian 0yariah =ourts%, &/ ebruary &;11.26>bid.

8


9/21

b) The 4egistrar will then receive case file from 'ssistant 4egistrar and fiA

mention date sulh to parties

c) 0ulh session will be conducted before the 0ulh%s chairman and if no

agreement to implement 0ulh, hearing date will be fiAed

d) >f there is any mutual agreement in whole or any part thereof, it will be

recorded and presented before the Cudge to be heard.&B

Epon reaching settlement, the parties will eAecute an agreement. 0uch

agreement were then taen to the court to be endorsed as an order of the =ourt. Iuite

a number of the Judge will ensure and as the parties whether the settlement reached

were done voluntarily or otherwise. >f the Cudge is satisfied that it was done voluntarily,

the Judge will record the agreement as an order of the =ourt without meddling into the

settlement.&"

However, there are Cudges who go further to ensure that the settlement reached

do not contravened the >slamic law and would not record the settlement if he find that

the agreement not in accordance with >slamic law. There are also Cudges who do not

recognibid.28>bid.29Ibid.30'bdul Hamid, 2or $'dha. $The 'lternative 7ispute 4esolution ('74)- Malaysian 7evelopment and >ts0tate of >nnovative 'rt%. Centre for Graduate Studies. Selangor International Islamic University College(SIIUC)

9


10/21

Muamalah :ench (under the 0pecial High =ourt in the =ommercial 7ivision).The

establishment of a Muamalah 7ivision within the civil courts system by the Practice

7irection dated @ ebruary &;; issued by the =hief Judge (the Practice 7irection 3

ArahanAmalan No. 1/!!"# $endaftaran%es& %es 'uamalat di 'ahamah (%od

$englasan) is of great significance to >slamic baning and Taaful industries in

dealings with their disputes.1

'ccording to the Practice 7irection 2o. 1&;;, paragraph &, all cases under the

=ode &&' filed in the High =ourt of Malaya will be registered and heard in the High

=ourt =ommercial 7ivision. However, this 0pecial High =ourt will only hear >slamic

baning cases and not conventional cases.&

2evertheless, in those courts other than the Muamalah :ench in High =ourt of

Guala 9umpur, >slamic baning cases will be dealt with by the same Cudge or magistrate

who is dealing with conventional baning and commercial cases which are registered

using =ode && (High =ourt), =ode /& (0essions =ourt) and B& (Magistrate s =ourt) and

any other cases registered in those courts.

Thus, there are two modes of referrals to mediation in the Practice 7irection. The

parties are given the option to choose based on the principle of party autonomy. +ption

' provides for Cudgeled mediation while +ption : provides for the appointment of a

mediator agreeable to the parties.# The eAplanation given for these two options as

contained in the Practice 7irection is as below-

31Ibid32Ibid33+seni, Emar '., and 'bu Emar aru? 'hmad. K7ispute 4esolution in >slamic inance- =ase 'nalysisof Malaysia.K A $aer reared for the *ight International Conference on Islamic *conomics and+inance.7oha, Iatar- Iatar oundation L >4T>>7:, 1!&1 7ecember, &;11, &;1134'bdul Hamid, 2or $'dha. $The 'lternative 7ispute 4esolution ('74)- Malaysian 7evelopment and >ts0tate of >nnovative 'rt%. Centre for Graduate Studies. Selangor International Islamic University College(SIIUC)

10


11/21

+ption '- Judgeled Mediation/

1. Enless agreed to by the parties, the Judge hearing the case should not be the

mediating Judge. He should pass the case to another Cudge. >f the mediation fails then it

will revert to the original Cudge to hear and complete the case.

&. The procedure shall be in the manner acceptable to both parties.

. Enless agreed to by the parties the Judge will not see the parties without their

lawyers presence eAcept in cases where the parties are not represented.

#. >f the mediation is successful, the Judge mediating shall record a consent

Cudgment on the terms as agreed to by the parties.

+ption :- =ourtreferred Mediation@

1. MediatorB

1.1 ' mediator may be chosen by the parties from the list of certified mediators

furnished by the Malaysian Mediation =entre (MM=5) set up under the auspices of the

:ar =ouncil, or any other mediator chosen by the parties.

1.& 0uch a mediator shall facilitate negotiation between the parties in the dispute and

steer the direction of the mediation session with the aim of finding a mutuallyacceptable solution to the dispute.

1. >f the parties so desire, they may appoint more than one (1) mediator to resolve their

dispute.

1.# 'ny mediator so chosen by the parties may agree to be bound by the MM= =ode of

=onduct and the MM= Mediation 4ules, or not at all.

&. Procedure"

35Ibid36Ibid379ow Hop :ing, 8ira. $Mediation- The 8ay orward, =hallenges and 0olutions%. Seminar on 'ediation,-he Navigation of 'alaysian 'ediation& oute to esolutions. 'ttorney Neneral =hambers, PutraCaya,on &/ +ctober &;1;.

389ow Hop :ing, 8ira. $Mediation- The 8ay orward, =hallenges and 0olutions%. Seminar on 'ediation,-he Navigation of 'alaysian 'ediation& oute to esolutions.'ttorney Neneral =hambers, PutraCaya,on &/ +ctober &;1;.

11


12/21

&.1 >f the parties agree that they be bound by the MM= Mediation 4ules, upon direction

of the =ourt, the Plaintiff%s solicitor shall, within (B) calendar days notify in writing to the

MM=. Epon receiving such notification, MM= shall then proceed with the mediation

process as provided under the MM=%s Mediation 4ules.

. 0ettlement 'greement

.1 'ny agreement conse?uent upon a successful mediation may be reduced into

writing in a 0ettlement 'greement signed by the parties but in any case the parties shall

record the terms of the settlement as a consent Cudgment.

The .inancia$ ediation ureau (.) 3/

The inancial Mediation :ureau is an independent body established on &;

January &;;/. The main obCective is to help settle disputes between the customer and

the financial services providers who are its members. >t provides with free, fast,

convenient and efficient avenue to refer the disputes for resolutions as an alternative to

the courts. These disputes may be baning or financial related as well as >nsurance and

Taaful related. The goal is only to achieve Custice socially, economically andpolitically.#;

39+seni, Emar '., and 'bu Emar aru? 'hmad. K7ispute 4esolution in >slamic inance- =ase 'nalysisof Malaysia.K A $aer reared for the *ight International Conference on Islamic *conomics and+inance.7oha, Iatar- Iatar oundation L >4T>>7:, 1!&1 7ecember, &;11, &;1140'bdul Hamid, 2or $'dha. $The 'lternative 7ispute 4esolution ('74)- Malaysian 7evelopment and >ts0tate of >nnovative 'rt%. Centre for Graduate Studies. Selangor International Islamic University College(SIIUC)

12


13/21

Hence, access to Custice for >slamic baning and Taaful disputes would be

meaningful if their system of Custice yields result through a fair process, reflecting both

sides $winwin settlement% and within a reasonable time and eApenses. or complaints,

disputes or claims involving a financial loss, the amount claimed should not eAceed the

following-

1. :aninginancial 4elated 4M1;;,;;; (eAcept for fraud cases involving payment

instruments, credit cards, charge cards, 'TM cards and che?ues for which the limit is

not more than 4M&/,;;;).

&. >nsuranceTaaful 4elated 4M&;;,;;; (Motor and fire insurancetaaful)

4M1;;,;;; (+thers) and 4M/,;;; (rd. party property damage).

(a) The >nsurance Mediation :ureau (>M:)#1

0ometimes in 1!"#, the insurance authority mooted the idea of forming an independent

body which can resolve insurance disputes speedily and amicably, at less cost to the

public and in less formal manner than in arbitration or court trial. inally a formalindependent body was established in 'ugust 1!!1 nown as >nsurance Mediation

:ureau. >t was established under the =ompanies 'ct 1!@/ as a company limited by

guarantee. >t was formed as a result of certain incidents surrounding the insurance

industry. The insuring public especially the motorists had complained that they have not

been getting a fair deal from their insurers pertaining to their claims.

(b) The :aning Mediation :ureau (:M:)#&

41Ibid42'bdul Hamid, 2or $'dha. $The 'lternative 7ispute 4esolution ('74)- Malaysian 7evelopment and >ts0tate of >nnovative 'rt%. Centre for Graduate Studies. Selangor International Islamic University College(SIIUC)

13


14/21

>t was established on &" June 1!!@ under the =ompanies 'ct 1!@/ as a company

limited by guarantee. The main obCect of the :ureau is to provide a simple mechanism

for dispute resolution without any costs to the customers of the bans or finance

companies. The :ureau receives references from the customers who are not satisfied

with the decisions of the bans or finance companies on their complaints or claims

involving monetary loss as the result of their dealings with them. The disputes that can

be brought to the :M: arising out of any of the following- #

(1) The charging of eAcessive fees, interest and penalty

(&) Misleading advertisement

() 'utomatic Teller Machine ('TM) withdrawals

(#) Enauthorised use of credit cards and

(/) Enfair practice of pursuing actions against guarantor.

=omplaint resolved

2ot resolved

2ot resolved

2ot resolved

43 9ee 0wee 0eng, $Mediation- >ts Practice and Procedure% available at www.leesweeseng.com

14

Talk to the officer in charge at

the co!lain"

co#nter$c#"toer "er%ice

&ile an official 'ritten

co!laint to the concerned

(btain the final deci"ion letter*

fro the "aid in"tit#tion and

!roceed b+ "#bitting

roceed 'ith other nece""ar+

action incl#ding legal

/a"e


15/21

OThe diagram summarily shows the process included in the inancial Mediation :ureau.

ediation in Inte$$ectua$ 'roert%44

'lternative dispute resolutions ('74) proceedings offer several advantagesfor

the resolution of intellectual property disputes.#/Mediation, specifically, is an attractive

option for parties that place a premium on the preservation or enhancement of their

relationship, see to maintain control over the dispute settlement process, value

confidentiality, or want to reach a speedy settlement without damage to their

reputations.#@

Parties to contracts or relationships involving the eAploitation of

intellectual property often share these goals when a dispute arises.#B =ommon

eAamples of such contracts include patent, nowhow and trademar licenses,

franchises, computer contracts, multimedia contracts, distribution contracts, Coint

ventures, research and development contracts, technologysensitive employment

contracts, mergers and ac?uisition where intellectual property assets assume

importance, sports mareting agreements, and publishing, music and film contracts. #"

' framewor for collaboration between the >ntellectual Property +ffice of

0ingapore (>P+0) and 8>P+ has been established upon the signing of a Memorandum

of Enderstanding (M+E) on 0eptember &", &;11. Ender the M+E, >P+0 and the

8>P+ 'rbitration and Mediation =entre (8>P+ =entre) established a Coint dispute

resolution procedure to facilitate the mediation of intellectual property disputes pending

44Ibid45Jeremy 9ac, $The Nrowing need for '74 in >P 7isputes%. Intellectual $roerty 'aga0ine, 7ecember&;1; available at www.intellectualpropertymaga


16/21

before >P+0. The new mediation option applies to all trademar proceedings pending

before >P+0 with effect from January , &;1&.#!

7isputes in this area may be related to trademar opposition invalidation and

revocation proceedings pending before >P+0. >P+0 offers a voluntary mediation option

to parties to resolve these disputes through mediation under the 8>P+ Mediation 4ules.

The 8>P+ Mediation option offered by >P+0 may be especially advantageous for

international parties seeing to settle related disputes in multiple Curisdictions. >t is

available through the entire dispute resolution process before >P+0. 's such, the

process as shown in the diagram below/;

49http-www.wipo.intamcenmediationaccessed on 7ecember &;1.50Ibid

16
http://www.wipo.int/amc/en/mediation/rules/http://www.wipo.int/amc/en/mediation/case-example.htmlhttp://www.wipo.int/amc/en/mediation/case-example.htmlhttp://www.wipo.int/amc/en/mediation/case-example.htmlhttp://www.wipo.int/amc/en/mediation/rules/


17/21

' 8>P+ Mediation commences with the submission to the 8>P+ =entre +ffice in

0ingapore of an'greement and 4e?uest for 8>P+ Mediation in >P+0 Trade Mar

Proceedingscompleted and signed by the parties. 0uch 'greement and 4e?uest could

17
http://www.ipos.gov.sg/Portals/0/HMG/Agreement%20and%20Request%20for%20WIPO%20Mediation.docxhttp://www.ipos.gov.sg/Portals/0/HMG/Agreement%20and%20Request%20for%20WIPO%20Mediation.docxhttp://www.ipos.gov.sg/Portals/0/HMG/Agreement%20and%20Request%20for%20WIPO%20Mediation.docxhttp://www.ipos.gov.sg/Portals/0/HMG/Agreement%20and%20Request%20for%20WIPO%20Mediation.docx


18/21

also be communicated through >P+0 when the parties return to >P+0 their 4esponse to

4egistrar orm if they so wish./1

The 8>P+ =entre will then contact the parties regarding the neAt steps of the

procedure, the fees and the appointment of the mediator. The parties are free to identify

themselves a suitable candidate for such appointment. The 8>P+ =entre is available to

assist with the provision of a shortlist of ?ualified mediator candidates. >n its role as

administering institution, the 8>P+ =entre maintains strict neutrality and independence.

Dffective proceedings to a large eAtent depend on the ?uality of the mediator,

arbitrator or eApert. The 8>P+ =entre maintains an openended Panel, including

mediators, arbitrators and eAperts from 0ingapore with eApertise in intellectual propertyrights, such as trademars, patents and industrial designs. They can be appointed in

8>P+ mediations by parties to disputes pending before >P+0 but parties are also free

to select mediators, arbitrators or eAperts from outside the 8>P+ Panel./&

Mediation can only be undertaen with the agreement of both parties. >n order to

facilitate such agreement, parties may use the available 'greement and 4e?uest for

8>P+ Mediation in >P+0 Trade Mar Proceedings so that their dispute is dealt with

through 8>P+ Mediation. >n the 'greement and 4e?uest, parties can adapt the process

to their needs by agreeing for eAample on the scope of the dispute, the time set aside

for the mediation, and the language to be used in the mediation. /

51http-www.wipo.intamcenmediationaccessed on 7ecember &;1.52Ibid53Ibid

18
http://www.wipo.int/amc/en/center/role.htmlhttp://www.wipo.int/amc/en/center/role.htmlhttp://www.wipo.int/amc/en/mediation/case-example.htmlhttp://www.wipo.int/amc/en/mediation/case-example.htmlhttp://www.wipo.int/amc/en/center/role.htmlhttp://www.wipo.int/amc/en/center/role.html


19/21

CONCLUSION

Mediation is a useful process in achieving settlement. >n fact, our courts are set to

encourage mediation and to mae it a culture in civil litigation in particular and indeed

an integral part of our civil Custice system. This aim can be translated into reality by way

of an awareness enhancement through education. Therefore, for that purpose, all the

staeholders including Cudges, lawyers and disputants can be actively reminded of the

advantages of mediation.

Mediation is the least intrusive form of third party involvement in a dispute. >t

means parties retain control over vital decisions affecting their matters. +ther than that,

parties themselves create the resolution. Mediators aim at parties% mutual agreement.There is a lielihood of greater satisfaction with the outcome and a higher level of

compliance when compared with other involuntary processes. >n a simple

understanding, mediation empowers the parties, who then give their input in the

process. 's such, mediation should be eAtended in other various dispute as the best

way of resolutions.

0IT O. R.RNC

19


20/21

1) 'bdul Hamid, 2or $'dha. $The 'lternative 7ispute 4esolution ('74)- Malaysian

7evelopment and >ts 0tate of >nnovative 'rt%. Centre for Graduate Studies.

Selangor International Islamic University College (SIIUC)

&) :uhari, Ghutubul *aman. K'rbitration and Mediation in Malaysia.K Asean a2

Association. http-www.aseanlawassociation.orgdocsw#Qmalaysia.pdfR

) Jeremy 9ac, $The Nrowing need for '74 in >P 7isputes%. Intellectual $roerty

'aga0ine, 7ecember &;1; available at www.intellectualpropertymagats Practice and Procedure% available at

www.leesweeseng.com

/) 9ow Hop :ing, 8ira. $Mediation- The 8ay orward, =hallenges and 0olutions%.

Seminar on 'ediation ,-he Navigation of 'alaysian 'ediation& oute to

esolutions.'ttorney Neneral =hambers, PutraCaya, on &/ +ctober &;1;.

@) Malaysian Mediation 'ct &;1&

B) 2or ad


21/21

1/)www.mediatebc.com.

21
http://www.mediatebc.com/http://www.mediatebc.com/

assignment adr ( natrah mazman & ros juliana)

Documents