Mediation in Malaysia: is it facilitative, evaluative or transformative?

Mediation is a part of the alternative dispute resolution (ADR) process which is an alternative to litigation in the court proceeding. It is both informal and flexible dispute resolution in which the parties are free to participate in the process and come out with an amicable settlement. Mediati...

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Main Authors:	Kamarudin, Abdul Rani, Norjihan, Ab Aziz
Format:	Article
Language:	English English English
Published:	West East Journal of Social Sciences 2014
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/40481/ http://irep.iium.edu.my/40481/ http://irep.iium.edu.my/40481/1/Mediation_in_Malaysia_2014.pdf http://irep.iium.edu.my/40481/2/Mediation_in_Malaysia_2014.pdf http://irep.iium.edu.my/40481/5/mediation_in_malaysia.pdf

id	iium-40481
recordtype	eprints
spelling	iium-404812018-06-20T01:16:46Z http://irep.iium.edu.my/40481/ Mediation in Malaysia: is it facilitative, evaluative or transformative? Kamarudin, Abdul Rani Norjihan, Ab Aziz K Law (General) Mediation is a part of the alternative dispute resolution (ADR) process which is an alternative to litigation in the court proceeding. It is both informal and flexible dispute resolution in which the parties are free to participate in the process and come out with an amicable settlement. Mediation is an option for the disputants to reach a mutual agreement before the matter is brought to the court. The mediation process is speedy and the limitation of mediation award depends on kinds of disputes. The objectives of mediation are to reach an agreement to the dispute according to the needs and interests of the parties, to prepare the participants to accept the consequence of their decision and to reduce of the anxiety and other negative effects by assisting the participants to reach a consensual agreement. Mediation also helps to improve the relationship between the parties and is effective if the parties have a continuing relationship such as neighbours, family or business people. There are certain rules that have been enacted to govern matters concerning mediation and certain bodies are responsible to provide mediation services. This paper will analyse the implementation of mediation in Malaysia. The discussion will also include the process of mediation as provided under the existing regulations. West East Journal of Social Sciences 2014-04 Article PeerReviewed application/pdf en http://irep.iium.edu.my/40481/1/Mediation_in_Malaysia_2014.pdf application/pdf en http://irep.iium.edu.my/40481/2/Mediation_in_Malaysia_2014.pdf application/pdf en http://irep.iium.edu.my/40481/5/mediation_in_malaysia.pdf Kamarudin, Abdul Rani and Norjihan, Ab Aziz (2014) Mediation in Malaysia: is it facilitative, evaluative or transformative? West East Journal of Social Sciences, 3 (1). pp. 9-13. ISSN 2168-7315 (O) http://westeastinstitute.com/journals/wejss/wejss-april-2014/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	K Law (General)
spellingShingle	K Law (General) Kamarudin, Abdul Rani Norjihan, Ab Aziz Mediation in Malaysia: is it facilitative, evaluative or transformative?
description	Mediation is a part of the alternative dispute resolution (ADR) process which is an alternative to litigation in the court proceeding. It is both informal and flexible dispute resolution in which the parties are free to participate in the process and come out with an amicable settlement. Mediation is an option for the disputants to reach a mutual agreement before the matter is brought to the court. The mediation process is speedy and the limitation of mediation award depends on kinds of disputes. The objectives of mediation are to reach an agreement to the dispute according to the needs and interests of the parties, to prepare the participants to accept the consequence of their decision and to reduce of the anxiety and other negative effects by assisting the participants to reach a consensual agreement. Mediation also helps to improve the relationship between the parties and is effective if the parties have a continuing relationship such as neighbours, family or business people. There are certain rules that have been enacted to govern matters concerning mediation and certain bodies are responsible to provide mediation services. This paper will analyse the implementation of mediation in Malaysia. The discussion will also include the process of mediation as provided under the existing regulations.
format	Article
author	Kamarudin, Abdul Rani Norjihan, Ab Aziz
author_facet	Kamarudin, Abdul Rani Norjihan, Ab Aziz
author_sort	Kamarudin, Abdul Rani
title	Mediation in Malaysia: is it facilitative, evaluative or transformative?
title_short	Mediation in Malaysia: is it facilitative, evaluative or transformative?
title_full	Mediation in Malaysia: is it facilitative, evaluative or transformative?
title_fullStr	Mediation in Malaysia: is it facilitative, evaluative or transformative?
title_full_unstemmed	Mediation in Malaysia: is it facilitative, evaluative or transformative?
title_sort	mediation in malaysia: is it facilitative, evaluative or transformative?
publisher	West East Journal of Social Sciences
publishDate	2014
url	http://irep.iium.edu.my/40481/ http://irep.iium.edu.my/40481/ http://irep.iium.edu.my/40481/1/Mediation_in_Malaysia_2014.pdf http://irep.iium.edu.my/40481/2/Mediation_in_Malaysia_2014.pdf http://irep.iium.edu.my/40481/5/mediation_in_malaysia.pdf
first_indexed	2023-09-18T20:58:05Z
last_indexed	2023-09-18T20:58:05Z
_version_	1777410439417692160

Mediation in Malaysia: is it facilitative, evaluative or transformative?

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