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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/40481/1/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
http://irep.iium.edu.my/40481/
http://westeastinstitute.com/journals/wejss/wejss-april-2014/
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spelling my.iium.irep.40481 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/
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
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/40481/1/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
http://irep.iium.edu.my/40481/
http://westeastinstitute.com/journals/wejss/wejss-april-2014/
_version_ 1643616787331284992
score 13.211869

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