Mediation in Malaysia: The Law and Practice

Description

This book encompasses the law and practice of mediation in Malaysia. It covers a wide range of subjectmatters such as civil, criminal, commercial, matrimonial, labour, negligence claims and land disputes. It is a concerted effort by the main authors, together with several contributors, both academic and professional, to highlight and discuss current issues affecting the law and practice of mediation. The content in the 32 chapters reflects the expertise of the authors and contributors in their respective fields. The underlying argument of the articles is that Alternative Dispute Resolution is the best and most expeditious form of resolving disputes. Although this book acknowledges that mediation has been employed in many areas; it nevertheless explores the relevance, options and future possibilities for amicable settlement in a broad range of sectors. Comparisons are made with the success rate of mediation in various countries. This is a testament thatmediation should be embraced to simplify dispute resolution and reduce the delay, expense and backlog of cases pending in the Malaysian courts.

The release of this publication is timely as it coincides with the introduction of Practice Direction No 5 of 2010, which paves the way for court-annexedmediation. The collection of law, principles, practices and procedures offers an insight to the amount of research involved in producing this publication. This book will serve as a useful source of reference for all concerned parties, particularly judges, lawyers,ministry officials,mediation practitioners, non-government organisations, academics, students and the general public.

Table of Contents

PART I: Alternative Dispute Resolution: AnOverview
PART II: Mediation: Its Merits
PART III: Mediation Centres
PART IV: Mediation Agreement
PART V: Cross-Cultural Mediation
PART VI: Community Mediation
PART VII: Mediation in Consumer Claims
PART VIII: Mediation in Environmental and Land Disputes
PART IX: Mediation in Labour Disputes
PART X: Mediation in Family Disputes
PART XI: Mediation in Banking Disputes
PART XII: Mediation in Construction Industry
PART XIII: Mediation inMedical Negligence Claims
PART XIV: Mediation in Criminal Cases
PART XV: Mediation in International Disputes
PART XVI: Mediation in Syariah Law
PART XVII: Mediation and Civil Procedure
PART XVIII: Mediators: Accreditation andQualities
PART XIX: Mediation: Challenges and Future Prospects



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