Mediation Institutions

Mediation has recently become popular alongside the other means of alternative dispute resolution (ADR) mechanisms. The interest in mediation is universal, and the rise of mediation is global. In Malaysia, mediation is still at the beginning phase, and is still not a widely-acknowledged ADR means, b...

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Main Authors: Ishan Jan, Mohammad Naqib, Daud, Mahyuddin, Ahmad, Muhamad Hassan
Other Authors: Yaakob, Adnan
Format: Book Chapter
Language:English
Published: CLJ Publication 2020
Subjects:
Online Access:http://irep.iium.edu.my/78605/
http://irep.iium.edu.my/78605/
http://irep.iium.edu.my/78605/1/18%20Chapter%2018_MEDIATION%20INSTITUTIONS.pdf
id iium-78605
recordtype eprints
spelling iium-786052020-03-18T11:34:31Z http://irep.iium.edu.my/78605/ Mediation Institutions Ishan Jan, Mohammad Naqib Daud, Mahyuddin Ahmad, Muhamad Hassan K Law (General) Mediation has recently become popular alongside the other means of alternative dispute resolution (ADR) mechanisms. The interest in mediation is universal, and the rise of mediation is global. In Malaysia, mediation is still at the beginning phase, and is still not a widely-acknowledged ADR means, both in private mediation or court-based mediation. Nonetheless, efforts have been made by the judiciary as well as the Bar Council to endorse parties in disputes to choose mediation.1 The process to increase awareness for mediation has been mooted by the Malaysian government, judicial and legal fraternity, of which was realised through the passing of the Mediation Act 2012. Parties are not obliged to mediate before litigation and arbitration, which is also an attractive element for consideration. Established professional mediation institutions in Malaysia provide mediation services to the public. This includes the Financial Mediation Bureau (‘FMB’), the Malaysian Mediation Centre (‘MMC’), the Asian International Arbitration Centre (‘AIAC’) and the Legal Aid Bureau (‘LAB’). Mediation services operated by the courts are known as court-annexed mediation or judge-led mediation. Sessions are mediated by the High Court Judges, Sessions Court Judges, Magistrates and their Registrars. This chapter deliberates the background, roles, jurisdiction and relevant procedures of mediation institutions in Malaysia. CLJ Publication Yaakob, Adnan Ali Mohamed, Ashgar Ali Kasi, Arun Ishan Jan, Mohammad Naqib Ahmad, Muhamad Hassan 2020-01-20 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/78605/1/18%20Chapter%2018_MEDIATION%20INSTITUTIONS.pdf Ishan Jan, Mohammad Naqib and Daud, Mahyuddin and Ahmad, Muhamad Hassan (2020) Mediation Institutions. In: Alternative Dispute Resolution: Law & Practice. CLJ Publication, Selangor, Malaysia, pp. 370-380. ISBN 978-967-457-144-3 https://www.cljlaw.com/?page=bookcatalog&mode=desktop
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
spellingShingle K Law (General)
Ishan Jan, Mohammad Naqib
Daud, Mahyuddin
Ahmad, Muhamad Hassan
Mediation Institutions
description Mediation has recently become popular alongside the other means of alternative dispute resolution (ADR) mechanisms. The interest in mediation is universal, and the rise of mediation is global. In Malaysia, mediation is still at the beginning phase, and is still not a widely-acknowledged ADR means, both in private mediation or court-based mediation. Nonetheless, efforts have been made by the judiciary as well as the Bar Council to endorse parties in disputes to choose mediation.1 The process to increase awareness for mediation has been mooted by the Malaysian government, judicial and legal fraternity, of which was realised through the passing of the Mediation Act 2012. Parties are not obliged to mediate before litigation and arbitration, which is also an attractive element for consideration. Established professional mediation institutions in Malaysia provide mediation services to the public. This includes the Financial Mediation Bureau (‘FMB’), the Malaysian Mediation Centre (‘MMC’), the Asian International Arbitration Centre (‘AIAC’) and the Legal Aid Bureau (‘LAB’). Mediation services operated by the courts are known as court-annexed mediation or judge-led mediation. Sessions are mediated by the High Court Judges, Sessions Court Judges, Magistrates and their Registrars. This chapter deliberates the background, roles, jurisdiction and relevant procedures of mediation institutions in Malaysia.
author2 Yaakob, Adnan
author_facet Yaakob, Adnan
Ishan Jan, Mohammad Naqib
Daud, Mahyuddin
Ahmad, Muhamad Hassan
format Book Chapter
author Ishan Jan, Mohammad Naqib
Daud, Mahyuddin
Ahmad, Muhamad Hassan
author_sort Ishan Jan, Mohammad Naqib
title Mediation Institutions
title_short Mediation Institutions
title_full Mediation Institutions
title_fullStr Mediation Institutions
title_full_unstemmed Mediation Institutions
title_sort mediation institutions
publisher CLJ Publication
publishDate 2020
url http://irep.iium.edu.my/78605/
http://irep.iium.edu.my/78605/
http://irep.iium.edu.my/78605/1/18%20Chapter%2018_MEDIATION%20INSTITUTIONS.pdf
first_indexed 2023-09-18T21:50:43Z
last_indexed 2023-09-18T21:50:43Z
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