assignment adr ( natrah mazman & ros juliana)
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INTRODUCTION
Mediation is a private, voluntary dispute resolution process. Parties agree to
allow a neutral third party (mediator) to assist them. The mediator identifies issues of
mutual concern. He facilitates, develops options and proceeds to resolve those issues.
He tries to find an answer acceptable to disputants. 1
Mediation is described by olberg and Taylor (1!"#) as a process $ by which the
parties together with the assistance of a neutral person or persons, systematically
isolate disputed issues in order to develop option, consider alternatives, and reach a
consensual settlement to accommodate their needs%.&
' mediator has no decisionmaing power whatsoever. *ero compulsion is the
cornerstone of a convincing mediation. The mediator%s persuasion, patience and
passion for mediation wor are essential attributes. These attributes may mae a
mediation successful. +n the other hand, their absence is sure to mar mediation.
The role of mediator is multi functional e.g .
(1) Host and chair - convening discussions, attending to special needs of
disputants including the language and dialect as vehicles of communications
ensuring that the agenda is constructive, and obstacles are overcome, for an
agreement to be reached#
(2) Guide, coach and educator - steering the parties towards effective
negotiation behavior and away from destructive, selfdefeating manoeuvres/
10eminar on Mediation The 2avigation of Malaysian Mediation 34oute to 4esolutions5 by 6. ' 7atu8ira 9ow Hop :ing on &/th+ctober &;1;.22or adbid.4>bid.5>bid.
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(3) Referee- offering each party an e?ual place at the bargaining table, allowing
each voice to be heard, or to withdraw from mediation if it is no longer
constructive.@
(4) aster co!!unicator and transfor!er providing a bridge to disputants
with eAtreme and opposing positions, hear their interests, issues, proposals,
feelings, principles and values. He tries to transform disputes and conflicts
into chances and probabilities of resolution for disputants.B
(") #ssessor of rea$it% - urging evaluation and reevaluation of positions and
assumptions and encouraging assessment and reassessment of the
disputants."
(&) 'rotector of the rocess - protecting the process of mediation and
prohibiting parties from using a session merely to obtain an advantage or to
abuse one another.!
'ccording to the review of mediation research by 8all and 7unne (&;1&)
mediation has in the past three decades, been shown to be increasingly useful forresolving conflicts worldwide and has been practiced in various field, including family
law mediation. Mediation has now become one of the main techni?ues of 'lternative
7ispute 4esolution employed in divorce and family issues in particular.1;
+ne of the most important differences between mediation and the court process
(which is called litigation) is that mediation allows people to reach agreements that
meet everyone interest. The court process, on the other hand focuses on opposing legal
rights and obligations of the parties. >n litigation, one person wins and the other person
loses.
6>bid.7>bid.8>bid.9>bid.10>bid 2o. &.
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ediation in Cii$ atri!onia$ 'roceedin*+
People often assume that family disputes must be settled in =ourt by a Cudge.
The reality is that most family disputes are settled before they reach the courtroom.
Mediation is a tool, which has its own core values, necessary elements, advantages,
and limitations. >n several studies, it is argued that mediation is especially appropriate in
family and childrelated matters because it encourages collaborative problemsolving by
the parties involved and often chance to champion the principle of the best interest of
children. 11
Dvidence in the E0, a country where there has been a considerable research on
the topic, suggest that despite being posited as a less traumatic resolution and less
eApensive postseparation process, mediation programs that depend on parties
voluntary participation attract relatively few cases, even in family disputes. 1&
Mediation can be used for many inds of family disputes but is most often usedwhen couples separate or divorce. >n these situations there are sometimes
disagreement about the value of the family home and how assets are to be divided. >f
children are involved there can be disputes about where and with whom the children will
live, how often and when the children spend time with the noncustodial parent and how
the parents will share the cost of raising the children. 1
0omething that often maes family disputes different from other inds of disputes
is how emotional people may be, especially when disputes about child custody and
access arise. Fiolence and abuse can also be factors. The violence or abuse may have
occurred in the past or may be happening at the time of the separation or divorce.
11:rown 1!"&. Pearson and Thoennes 1!"".12Maccoby et. 'l 1!!& 2elle 1!!1 Pearson and Thoennes 1!"" Fincent [email protected]>bid.
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8hether there is a history or pattern of violence or abuse in family is a factor that can
influence how a family mediation will proceed.
amily disputes can have different characteristic than other ind of civil disputes,
and these differences should be ept in mind when choosing mediation and a mediator.
>n mediation, it is important that one person not be at disadvantage in negotiating a
settlement.1#
Mediators will loo to see if there is a power imbalance between the parties that
will mae it difficult to negotiate a fair agreement. or eAample, one person may not be
as good as the other in speaing up for him or herself. Power imbalance can result from
the personalities of the people involved, but can also result from violence or abuse in a
relationship. 'ssessing whether or not parties can negotiate on a balanced footing is
something that family mediators should be trained and eAperience in doing.1/
+ften the mediation process can be structured to tae into account a power
imbalance for eAample a mediation session with two mediators 3 one female and one
male 3 might be recommended. 0ometimes a mediator will suggest that people do not
attend mediation together rather, the mediator meets with them separately. This issometimes called shuttle5 mediation or caucusing5. 0ometimes people as a lawyer or
some other person to come to mediation with them, in order to provide legal advice or
other support.1@
8here there is a serious concerns about violence in a relationship, to the point
where the safety of one of the individuals is an issue, mediation may not be the most
appropriate dispute resolutions process, and the case may be best resolved by the
=ourt.
14>bid.15www.mediatebc.com.16>bid.
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amily mediators often have training in managing highconflict cases and the
dynamics of family violence, as well as training and eAperience in mediation theory and
practice. 0ome family mediators may specialin family disputes, it is common to file the signed agreement with the court
or to use the agreement as the basis for a court order. >t is recommended that people
see independent legal advice before signing the agreement. The agreement is lie any
contract reached between two people. >f someone breaches the agreement, parties can
meet again with a mediator to attempt to resolve the dispute or use the court process to
enforce the agreement.
0ometimes only some of the issues in dispute settle at mediation and sometimes
none of the issues settle. >n these cases, the parties can go to court to have a Cudge
mae a decision on the unresolved issues. 4esearch shows that cases which go to
court after a mediation session often settle more ?uicly and with fewer court
appearance than cases go directly to court. 'fter participating in mediation people tend
to have a clearer idea of what the dispute is about and how they would lie to see thedispute settled.1B
Malaysia has yet to introduce mandatory mediation in its civil legal system. 'n
eAtensive search of the literature both Malay and Dnglish did not find a single study on
the development of a mandatory family law mediation program for the Malaysian civil
law system. Foluntary mediation is available in Malaysia, however it attracts a low level
of participation. or eAample in &;11 only seven cases were referred to the Malaysian
Mediation =entre (MM=).1"
The introduction of the =ourt%s Practice 7irection 2o. / of &;1; on Mediation and
the Guala 9umpur =ourt Mediation =entre saw an increased usage of mediation as an
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alternative in settling civil disputes in the Malaysian High =ourts.1! These civil disputes
include family law cases. 'lthough family cases are considered as one type of cases
that may be mediated, the Practice 7irection 2o. / of &;1; on Mediation is silent on
issues affecting mediation in family disputes, including screening for violence and
empowerment issues.
ediation in Is$a!ic atri!onia$ atters+
8here a husband and wife have agreed to divorce, mediation focuses on
resolving claims related to maintenance during the period of $iddah, consolatory gifts
(mut%ah) Cointly ac?uired property (harta sepencarian) and the custody of children. &;
>n principle, different functions are assigned to the mediation counsellors, athis
and Cudges counselors, handle consultations, athis arbitrate and Cudges adCudicate.
However, during consultations, counselors only sometimes act a mediators. 0imilarly
athis normally promote compromise and reconciliation rather than arbitration.&1
0tudies found that mediation was practiced in all 0yariah =ourt in Malaysia long
before there were specific provisions and procedures established for mediation. 7uring
these times, conciliation was achieved through discussion by the parties and the
suggestion of Cudges and counsels.&&
Mediation in 0yariah =ourt is carried out with the following obCectives-&
19'braham Mathew &;11.204aihanah 'bid.22>bid.23www.app.syariahcourt.gov.sgmediation
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1. To help parties reach a divorce settlement within a shorter time. Parties
wishing their matter to be settled at the mediation stage must reach
agreement on the following issues -
a) 7ivorce
b) Payment of nafah iddah and mut%ah
c) =ustody of children
d) 7ivision of matrimonial property.
&. To dispense with a =ourt hearing which may have an undesirable effect on
the children.
. To help parties have a better understanding of issues relating to divorce so
that they will have proper decisions.
#. To help parties save cost if their matter can be settled at the mediation stage.
/. To mae it easier for matters relating to children and matrimonial property to
be discussed and resolved should these arise after the divorce.
@. To avoid dissatisfaction between parties in that the decision to divorce is their
own and not the =ourt%s.
B. To save parties from washing dirty linen in public.
Mediation is a process encouraged in >slam. 'llah%s commandment in the Iuran,
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>f a wife fears cruelty or desertion on her husband%s part, there is no blame on
them if they arrange an amicable settlement between themselves and such
settlement is best. Dven though men%s souls are swayed by greed, if you do
good and practice selfrestraint, 'llah is well ac?uainted with all that you do.5
>slam advocates the amicable settlement of every dispute to avoid antagonism
between parties. >n a divorce, an amicable settlement between parties would generate
in them a sense of respect for each other even though they have separated.
=onse?uently, issues relating to the children too can be settled Cudiciously.
The 0elangor >slamic Judiciary 7epartment defines sulh as a meeting between
two disputing parties involving one or more claims in the 0yariah =ourt which is chaired
by a 0ulh +fficer. >n the event of voluntary agreement is achieved by both parties, such
agreement will be recorded before a Cudge as an order of the =ourt without having to
go to through a trial. 0ulh can only be implemented after divorce of after the =ourt
granted a leave for polygamous marriage.&/
0ulh proceedings implemented in the 0yariah courts is not merely mediation. >t is
broader than mediation as it may also covers haam who have the authority to confirma divorce. This is possible by virtue of the laws enacted in the >slamic amily 9aw in
various states. 2evertheless the principles of mediation are applied throughout the
process of sulh. 0ulh procedure is provided under 0ection #B of the >slamic amily 9aw
'ct (ederal Territories).&@
The 0ulh wor process is as stated below -
a) Parties will have to register their matter
25*ainul 4iCal 'bu :aar, 0ulh in the Malaysian 0yariah =ourts%, &/ ebruary &;11.26>bid.
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b) The 4egistrar will then receive case file from 'ssistant 4egistrar and fiA
mention date sulh to parties
c) 0ulh session will be conducted before the 0ulh%s chairman and if no
agreement to implement 0ulh, hearing date will be fiAed
d) >f there is any mutual agreement in whole or any part thereof, it will be
recorded and presented before the Cudge to be heard.&B
Epon reaching settlement, the parties will eAecute an agreement. 0uch
agreement were then taen to the court to be endorsed as an order of the =ourt. Iuite
a number of the Judge will ensure and as the parties whether the settlement reached
were done voluntarily or otherwise. >f the Cudge is satisfied that it was done voluntarily,
the Judge will record the agreement as an order of the =ourt without meddling into the
settlement.&"
However, there are Cudges who go further to ensure that the settlement reached
do not contravened the >slamic law and would not record the settlement if he find that
the agreement not in accordance with >slamic law. There are also Cudges who do not
recognibid.28>bid.29Ibid.30'bdul Hamid, 2or $'dha. $The 'lternative 7ispute 4esolution ('74)- Malaysian 7evelopment and >ts0tate of >nnovative 'rt%. Centre for Graduate Studies. Selangor International Islamic University College(SIIUC)
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Muamalah :ench (under the 0pecial High =ourt in the =ommercial 7ivision).The
establishment of a Muamalah 7ivision within the civil courts system by the Practice
7irection dated @ ebruary &;; issued by the =hief Judge (the Practice 7irection 3
ArahanAmalan No. 1/!!"# $endaftaran%es& %es 'uamalat di 'ahamah (%od
$englasan) is of great significance to >slamic baning and Taaful industries in
dealings with their disputes.1
'ccording to the Practice 7irection 2o. 1&;;, paragraph &, all cases under the
=ode &&' filed in the High =ourt of Malaya will be registered and heard in the High
=ourt =ommercial 7ivision. However, this 0pecial High =ourt will only hear >slamic
baning cases and not conventional cases.&
2evertheless, in those courts other than the Muamalah :ench in High =ourt of
Guala 9umpur, >slamic baning cases will be dealt with by the same Cudge or magistrate
who is dealing with conventional baning and commercial cases which are registered
using =ode && (High =ourt), =ode /& (0essions =ourt) and B& (Magistrate s =ourt) and
any other cases registered in those courts.
Thus, there are two modes of referrals to mediation in the Practice 7irection. The
parties are given the option to choose based on the principle of party autonomy. +ption
' provides for Cudgeled mediation while +ption : provides for the appointment of a
mediator agreeable to the parties.# The eAplanation given for these two options as
contained in the Practice 7irection is as below-
31Ibid32Ibid33+seni, Emar '., and 'bu Emar aru? 'hmad. K7ispute 4esolution in >slamic inance- =ase 'nalysisof Malaysia.K A $aer reared for the *ight International Conference on Islamic *conomics and+inance.7oha, Iatar- Iatar oundation L >4T>>7:, 1!&1 7ecember, &;11, &;1134'bdul Hamid, 2or $'dha. $The 'lternative 7ispute 4esolution ('74)- Malaysian 7evelopment and >ts0tate of >nnovative 'rt%. Centre for Graduate Studies. Selangor International Islamic University College(SIIUC)
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+ption '- Judgeled Mediation/
1. Enless agreed to by the parties, the Judge hearing the case should not be the
mediating Judge. He should pass the case to another Cudge. >f the mediation fails then it
will revert to the original Cudge to hear and complete the case.
&. The procedure shall be in the manner acceptable to both parties.
. Enless agreed to by the parties the Judge will not see the parties without their
lawyers presence eAcept in cases where the parties are not represented.
#. >f the mediation is successful, the Judge mediating shall record a consent
Cudgment on the terms as agreed to by the parties.
+ption :- =ourtreferred Mediation@
1. MediatorB
1.1 ' mediator may be chosen by the parties from the list of certified mediators
furnished by the Malaysian Mediation =entre (MM=5) set up under the auspices of the
:ar =ouncil, or any other mediator chosen by the parties.
1.& 0uch a mediator shall facilitate negotiation between the parties in the dispute and
steer the direction of the mediation session with the aim of finding a mutuallyacceptable solution to the dispute.
1. >f the parties so desire, they may appoint more than one (1) mediator to resolve their
dispute.
1.# 'ny mediator so chosen by the parties may agree to be bound by the MM= =ode of
=onduct and the MM= Mediation 4ules, or not at all.
&. Procedure"
35Ibid36Ibid379ow Hop :ing, 8ira. $Mediation- The 8ay orward, =hallenges and 0olutions%. Seminar on 'ediation,-he Navigation of 'alaysian 'ediation& oute to esolutions. 'ttorney Neneral =hambers, PutraCaya,on &/ +ctober &;1;.
389ow Hop :ing, 8ira. $Mediation- The 8ay orward, =hallenges and 0olutions%. Seminar on 'ediation,-he Navigation of 'alaysian 'ediation& oute to esolutions.'ttorney Neneral =hambers, PutraCaya,on &/ +ctober &;1;.
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&.1 >f the parties agree that they be bound by the MM= Mediation 4ules, upon direction
of the =ourt, the Plaintiff%s solicitor shall, within (B) calendar days notify in writing to the
MM=. Epon receiving such notification, MM= shall then proceed with the mediation
process as provided under the MM=%s Mediation 4ules.
. 0ettlement 'greement
.1 'ny agreement conse?uent upon a successful mediation may be reduced into
writing in a 0ettlement 'greement signed by the parties but in any case the parties shall
record the terms of the settlement as a consent Cudgment.
The .inancia$ ediation ureau (.) 3/
The inancial Mediation :ureau is an independent body established on &;
January &;;/. The main obCective is to help settle disputes between the customer and
the financial services providers who are its members. >t provides with free, fast,
convenient and efficient avenue to refer the disputes for resolutions as an alternative to
the courts. These disputes may be baning or financial related as well as >nsurance and
Taaful related. The goal is only to achieve Custice socially, economically andpolitically.#;
39+seni, Emar '., and 'bu Emar aru? 'hmad. K7ispute 4esolution in >slamic inance- =ase 'nalysisof Malaysia.K A $aer reared for the *ight International Conference on Islamic *conomics and+inance.7oha, Iatar- Iatar oundation L >4T>>7:, 1!&1 7ecember, &;11, &;1140'bdul Hamid, 2or $'dha. $The 'lternative 7ispute 4esolution ('74)- Malaysian 7evelopment and >ts0tate of >nnovative 'rt%. Centre for Graduate Studies. Selangor International Islamic University College(SIIUC)
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Hence, access to Custice for >slamic baning and Taaful disputes would be
meaningful if their system of Custice yields result through a fair process, reflecting both
sides $winwin settlement% and within a reasonable time and eApenses. or complaints,
disputes or claims involving a financial loss, the amount claimed should not eAceed the
following-
1. :aninginancial 4elated 4M1;;,;;; (eAcept for fraud cases involving payment
instruments, credit cards, charge cards, 'TM cards and che?ues for which the limit is
not more than 4M&/,;;;).
&. >nsuranceTaaful 4elated 4M&;;,;;; (Motor and fire insurancetaaful)
4M1;;,;;; (+thers) and 4M/,;;; (rd. party property damage).
(a) The >nsurance Mediation :ureau (>M:)#1
0ometimes in 1!"#, the insurance authority mooted the idea of forming an independent
body which can resolve insurance disputes speedily and amicably, at less cost to the
public and in less formal manner than in arbitration or court trial. inally a formalindependent body was established in 'ugust 1!!1 nown as >nsurance Mediation
:ureau. >t was established under the =ompanies 'ct 1!@/ as a company limited by
guarantee. >t was formed as a result of certain incidents surrounding the insurance
industry. The insuring public especially the motorists had complained that they have not
been getting a fair deal from their insurers pertaining to their claims.
(b) The :aning Mediation :ureau (:M:)#&
41Ibid42'bdul Hamid, 2or $'dha. $The 'lternative 7ispute 4esolution ('74)- Malaysian 7evelopment and >ts0tate of >nnovative 'rt%. Centre for Graduate Studies. Selangor International Islamic University College(SIIUC)
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>t was established on &" June 1!!@ under the =ompanies 'ct 1!@/ as a company
limited by guarantee. The main obCect of the :ureau is to provide a simple mechanism
for dispute resolution without any costs to the customers of the bans or finance
companies. The :ureau receives references from the customers who are not satisfied
with the decisions of the bans or finance companies on their complaints or claims
involving monetary loss as the result of their dealings with them. The disputes that can
be brought to the :M: arising out of any of the following- #
(1) The charging of eAcessive fees, interest and penalty
(&) Misleading advertisement
() 'utomatic Teller Machine ('TM) withdrawals
(#) Enauthorised use of credit cards and
(/) Enfair practice of pursuing actions against guarantor.
=omplaint resolved
2ot resolved
2ot resolved
2ot resolved
43 9ee 0wee 0eng, $Mediation- >ts Practice and Procedure% available at www.leesweeseng.com
14
Talk to the officer in charge at
the co!lain"
co#nter$c#"toer "er%ice
&ile an official 'ritten
co!laint to the concerned
(btain the final deci"ion letter*
fro the "aid in"tit#tion and
!roceed b+ "#bitting
roceed 'ith other nece""ar+
action incl#ding legal
/a"e
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OThe diagram summarily shows the process included in the inancial Mediation :ureau.
ediation in Inte$$ectua$ 'roert%44
'lternative dispute resolutions ('74) proceedings offer several advantagesfor
the resolution of intellectual property disputes.#/Mediation, specifically, is an attractive
option for parties that place a premium on the preservation or enhancement of their
relationship, see to maintain control over the dispute settlement process, value
confidentiality, or want to reach a speedy settlement without damage to their
reputations.#@
Parties to contracts or relationships involving the eAploitation of
intellectual property often share these goals when a dispute arises.#B =ommon
eAamples of such contracts include patent, nowhow and trademar licenses,
franchises, computer contracts, multimedia contracts, distribution contracts, Coint
ventures, research and development contracts, technologysensitive employment
contracts, mergers and ac?uisition where intellectual property assets assume
importance, sports mareting agreements, and publishing, music and film contracts. #"
' framewor for collaboration between the >ntellectual Property +ffice of
0ingapore (>P+0) and 8>P+ has been established upon the signing of a Memorandum
of Enderstanding (M+E) on 0eptember &", &;11. Ender the M+E, >P+0 and the
8>P+ 'rbitration and Mediation =entre (8>P+ =entre) established a Coint dispute
resolution procedure to facilitate the mediation of intellectual property disputes pending
44Ibid45Jeremy 9ac, $The Nrowing need for '74 in >P 7isputes%. Intellectual $roerty 'aga0ine, 7ecember&;1; available at www.intellectualpropertymaga
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before >P+0. The new mediation option applies to all trademar proceedings pending
before >P+0 with effect from January , &;1&.#!
7isputes in this area may be related to trademar opposition invalidation and
revocation proceedings pending before >P+0. >P+0 offers a voluntary mediation option
to parties to resolve these disputes through mediation under the 8>P+ Mediation 4ules.
The 8>P+ Mediation option offered by >P+0 may be especially advantageous for
international parties seeing to settle related disputes in multiple Curisdictions. >t is
available through the entire dispute resolution process before >P+0. 's such, the
process as shown in the diagram below/;
49http-www.wipo.intamcenmediationaccessed on 7ecember &;1.50Ibid
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' 8>P+ Mediation commences with the submission to the 8>P+ =entre +ffice in
0ingapore of an'greement and 4e?uest for 8>P+ Mediation in >P+0 Trade Mar
Proceedingscompleted and signed by the parties. 0uch 'greement and 4e?uest could
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http://www.ipos.gov.sg/Portals/0/HMG/Agreement%20and%20Request%20for%20WIPO%20Mediation.docxhttp://www.ipos.gov.sg/Portals/0/HMG/Agreement%20and%20Request%20for%20WIPO%20Mediation.docxhttp://www.ipos.gov.sg/Portals/0/HMG/Agreement%20and%20Request%20for%20WIPO%20Mediation.docxhttp://www.ipos.gov.sg/Portals/0/HMG/Agreement%20and%20Request%20for%20WIPO%20Mediation.docx -
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also be communicated through >P+0 when the parties return to >P+0 their 4esponse to
4egistrar orm if they so wish./1
The 8>P+ =entre will then contact the parties regarding the neAt steps of the
procedure, the fees and the appointment of the mediator. The parties are free to identify
themselves a suitable candidate for such appointment. The 8>P+ =entre is available to
assist with the provision of a shortlist of ?ualified mediator candidates. >n its role as
administering institution, the 8>P+ =entre maintains strict neutrality and independence.
Dffective proceedings to a large eAtent depend on the ?uality of the mediator,
arbitrator or eApert. The 8>P+ =entre maintains an openended Panel, including
mediators, arbitrators and eAperts from 0ingapore with eApertise in intellectual propertyrights, such as trademars, patents and industrial designs. They can be appointed in
8>P+ mediations by parties to disputes pending before >P+0 but parties are also free
to select mediators, arbitrators or eAperts from outside the 8>P+ Panel./&
Mediation can only be undertaen with the agreement of both parties. >n order to
facilitate such agreement, parties may use the available 'greement and 4e?uest for
8>P+ Mediation in >P+0 Trade Mar Proceedings so that their dispute is dealt with
through 8>P+ Mediation. >n the 'greement and 4e?uest, parties can adapt the process
to their needs by agreeing for eAample on the scope of the dispute, the time set aside
for the mediation, and the language to be used in the mediation. /
51http-www.wipo.intamcenmediationaccessed on 7ecember &;1.52Ibid53Ibid
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CONCLUSION
Mediation is a useful process in achieving settlement. >n fact, our courts are set to
encourage mediation and to mae it a culture in civil litigation in particular and indeed
an integral part of our civil Custice system. This aim can be translated into reality by way
of an awareness enhancement through education. Therefore, for that purpose, all the
staeholders including Cudges, lawyers and disputants can be actively reminded of the
advantages of mediation.
Mediation is the least intrusive form of third party involvement in a dispute. >t
means parties retain control over vital decisions affecting their matters. +ther than that,
parties themselves create the resolution. Mediators aim at parties% mutual agreement.There is a lielihood of greater satisfaction with the outcome and a higher level of
compliance when compared with other involuntary processes. >n a simple
understanding, mediation empowers the parties, who then give their input in the
process. 's such, mediation should be eAtended in other various dispute as the best
way of resolutions.
0IT O. R.RNC
19
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1) 'bdul Hamid, 2or $'dha. $The 'lternative 7ispute 4esolution ('74)- Malaysian
7evelopment and >ts 0tate of >nnovative 'rt%. Centre for Graduate Studies.
Selangor International Islamic University College (SIIUC)
&) :uhari, Ghutubul *aman. K'rbitration and Mediation in Malaysia.K Asean a2
Association. http-www.aseanlawassociation.orgdocsw#Qmalaysia.pdfR
) Jeremy 9ac, $The Nrowing need for '74 in >P 7isputes%. Intellectual $roerty
'aga0ine, 7ecember &;1; available at www.intellectualpropertymagats Practice and Procedure% available at
www.leesweeseng.com
/) 9ow Hop :ing, 8ira. $Mediation- The 8ay orward, =hallenges and 0olutions%.
Seminar on 'ediation ,-he Navigation of 'alaysian 'ediation& oute to
esolutions.'ttorney Neneral =hambers, PutraCaya, on &/ +ctober &;1;.
@) Malaysian Mediation 'ct &;1&
B) 2or ad
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1/)www.mediatebc.com.
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http://www.mediatebc.com/http://www.mediatebc.com/