Mediation In Malaysia Essay
Chapter 4: A Review On Mediation Act 2012; In Relation to Accreditation and Qualifications of Mediators
Introduction
Section 3 of Mediation Act 2012 provides the interpretation of “mediation” as a voluntary process in which a mediator facilitates communication and negotiation between parties to assist the parties in reaching an agreement regarding a dispute .
In Malaysia, the informal way of mediation is practiced since early times where disputing parties would settle their dispute through Imam or Ketua Kampung. However, the need for mediation by diverse type of parties such as organizational bodies pushed out the idea that a more organized and established mediation is preferred.
In recent years, Malaysia has felt the significance of mediation,
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This is just the tip of the iceberg, there are many other legislations which includes mediation as a part of it as mediation is gaining popularity as an alternative to litigation in Malaysia.
Accreditation
The Mediation Act 2012, in its arrangement of sections has divided the act into seven parts, namely, preliminary, commencement of mediation, mediator, mediation process, conclusion of mediation, confidentiality and privilege, and miscellaneous.
The Mediation Act 2012 was made with the objective to promote and encourage mediation as a method of alternative dispute resolution by providing for the process of mediation, additionally, as far as the law is concerned, the relevant authority for accreditation of mediators is incorporated in section 7 of the Mediation Act 2012, appointment of mediator.
7. Appointment of
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