Faculty of Syariah and Law

Consultation and Sulh

LAD 4012
Topic: The Implementation of Mediation in Civil Courts in Malaysia
KLC / TLC 1
NAME MATRIC NUMBER

FAUZAN HAFIDZI BIN MUSTAKIM 1191513

MUHAMMAD ALIMI BIN IBRAHIM 1191500

MUHAMMAD ASHNAWI BIN AZMI 1191485

Lecturer’s name: Dr Hendun bt Abd Rahman Shah

 DEFINITION OF MEDIATION

Mediation is an alternative way to resolve legal disputes other than

going to the law courts or arbitration centres.It is a voluntary and
informal process which involves an impartial third party as the
mediator, who plays the role of assisting parties in reaching a mutually
satisfactory resolution.

Mediation Act 2012

Under the Mediation Act, parties can
“… promote and encourage mediation as a method of appoint a mediator, or they can
alternative dispute resolution by providing for the process of request that the Malaysian Mediation
mediation, thereby facilitating the parties in disputes to settle Centre of the Bar Council appoint a
mediator from its panel.
disputes in a fair, speedy and cost-effective manner and to
provide for related matters”.
 CHARACTERISTICS OF MEDIATION

Mediation has four fundamental:

(1) The neutrality or impartiality of the mediator

 Trust both parties must have in the mediator if his/her intervention is to be effective which depends on skill and
knowledge.
(2) The voluntariness of the process
 The parties are to make their own decision as they are in better position to know what is best for them.
(3) The confidentiality of the relationship between the mediator and the parties
 Nothing of what he is told by any party will be revealed to the other party without express permission.
 Requires both the mediator and the parties to trust one another.
(4) The procedural flexibility available to the mediator
 Mediator is able to work in the environment that suit him best so as to achieve the best solution for the parties.
 Mediation process is flexible because it can be conducted in a variety of physical settings, the procedure can be
negotiated and adapted.
 (1) Malaysian Mediation Centre (MMC)
-Refer to voluntary process out of court to settle the dispute jointly by the parties
whereas an independent third party not biased and become a facilitator.
-Consists of professional mediator and legal practitioners that has been trained and accreditation as
required by MMC.
-This service will be charged a mediation fee and another cost.

(2) Mediation through civil court

mediation centre It is not limited during the trial but also can
referred before or after the trial or any stage of
The purpose to encourage trial include during the appeal.
peoples to settle the
disputes without a trial. It is not cumpulsory for the parties to get a service from
a court mediation centre only but the parties has a right
Mediation service is free because it conducted to choose the method they want to use to settle their
by a judge who has been trained and learned as
dispute.
alternative case solution.
 (3) Mediation through Legal (4) Mediation through certified sole
Aid Department mediator

Provides legal services to all Malaysian who are The mediator has a qualifications,
incapable. specialized knowledge, experience in
mediation through training or formal
The mediation process must be on a voluntary basis which higher education.
allows the parties to withdraw at any time.
Any person whether he or she is a
lawyer, legal officer or other can be a
More cases in civil & syariah matter can referred to the mediator with the qualification as
legal aid department however for mediation services, required.
legal aid only allow cases related to family matter
except divorce and fasakh then for civil except
The role is considered recognized by legislation if
domestice violence.
an agreement between the parties has been signed,
Any information or communication in mediation the case no need to proceed to sulh council or
session is private and confidential. mediation in court.
5) Mediation through community mediator (MK) in mediation centre
community (PERPADUAN)

Provides a mediation training to officer of perpaduan and chairman of

the neighborhood pillar across the country to be mediator to face the
conflict of community.

If the conflict of the parties unable to manage by the community

mediator, it should be referred to professional mediator or to the court.
 Cases can be settled by Mediation

• Claims for personal injuries or

other damages that basically
Under Practice Direction No. 4 of
monetary claims.
2016, the Practice Direction on
• Claims for defamation.
Mediation, it is stipulated that the
• Matrimonial disputes.
following cases are easy to settle
by mediation:
• Commercial disputes.
• Contractual disputes.
• Intellectual Property cases.