LAW 444

ALTERNATIVE DISPUTE RESOLUTION

A

GROUP 5 (LWB03C)
MEMBERS MATRIC NUMBERS
JULIA FARISYA BINTI JAFRI 2017806908
NUR SYAZWINA BINTI MD AZAHAM 2017892396
KHAIRUL AIMAN BIN SAMSUDIN 2017683554
NUR INSYIRAH BINTI YUSMIZUL 2017678072
NURAINI BALQIS BINTI MOHD FAIRULNIZAL 2017678398
QUESTION 1:
DIFFERENTIATE A FACILITATIVE MEDIATION
FROM AN EVALUATION MEDIATION
INTRODUCTION

DEFINITION OF MEDIATION

A voluntary, non-binding private dispute settlement settlement process in which a

neutral person (mediator) helps the parties to negotiate a solution to their dispute.

FACILITATIVE
MEDIATION

STYLES OF
MEDIATION
EVALUATION
MEDIATION
DEFINITIONS

FACILITATIVE MEDIATION
 A process in which the mediator only helps the disputing parties to
explore various options which are interest-based and mutually
advantageous.

EVALUATION MEDIATION
 A rights-based process where the mediator studies the strengths and
weaknesses of the disputing parties’ positions and makes suggestion
for resolving the dispute once he or she is requested to do so by the
parties
 Provided in the Code of Conduct of the Malaysian Mediation Centre
(No.8)
 DIFFERENCES BETWEEN FACILITATIVE
MEDIATION AND EVALUATION MEDIATION
F A C I L I TAT I V E M E D I AT I O N E V A L U AT I O N M E D I AT I O N
1. ROLE • Facilitate a mediation and determine the manner in • Assist the parties to reach a satisfactory
OF THE which the mediation is to be conducted resolution of the dispute and suggest options
MEDIATOR [Section 9(1) of Mediation Act 2012] for the settlement of the dispute
[Section 9(2) of Mediation Act 2012]
• Structure a process to assist the parties in reaching
a mutually agreeable resolution based on • Assist the parties in reaching resolution by
information and understanding i. pointing out the weaknesses of their
cases
• Ask questions, validates and normalizes parties’ ii. predicting what a judge or jury would
points of view during joint sessions, focus on the be likely to do
underlying needs or interests underneath the
positions taken by parties and assists the parties in • Evaluate parties’ rights based on legal
finding and analyzing options for resolution. concepts, rather than needs and interests.

• Does not make recommendations to the parties or • Make formal or informal

give personal advice or opinion to them as to the recommendations to the parties as to the
outcome of the mediation outcome of the issues
CONT…
F A C I L I TAT I V E M E D I AT I O N E V A L U AT I O N M E D I AT I O N
2. POWER OF • The facilitative mediator is in charge of • The evaluative mediator structures the
THE MEDIATOR the process, while the parties are in process, and directly influences the outcome
charge of the outcome. of mediation.

3. MEDIATOR’S • The volunteer mediators came from all • Due of the connection between evaluative
BACKGROUND backgrounds. mediation and the courts, and because of
their comfort level with settlement
conferences, most evaluative mediators are
attorneys.

4. MEETINGS • Predominantly joint sessions with all • Often meet up with the parties and their
parties present attorney in separate meetings, practicing
• Hold individual meetings with a “shuttle diplomacy”
disputing party at a time (caucuses)
regularly

5. GOAL OF THE • To foster constructive communication • To get guidance for settlements based on law
PARTIES between them in resolving relatively for complicated issues with legal implications
clear issues