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 decision(ma)ing 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 ma)e 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, self(defeating manoeuvres. /

0eminar on Mediation 1The 2avigation of Malaysian Mediation 34oute to 4esolutions5 by 6. ' 7atu) 8ira 9ow Hop :ing on &/th +ctober &;1;. 2 2or ad<lina 2awi, 1Towards the 7evelopment of a Mandatory amily Mediation Program in the Malaysian =ivil 9egal 0ystem. 3 >bid. 4 >bid. 5 >bid.

(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 re(evaluation 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 for resolving 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 7

>bid. >bid. 8 >bid. 9 >bid. 10 >bid 2o. &.

ediation in Ci)i$

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 child(related matters because it encourages collaborative problem(solving 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 post(separation 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 used when 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 non(custodial parent and how the parents will share the cost of raising the children. 1, 0omething that often ma)es 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 12

:rown 1!"&. Pearson and Thoennes 1!"". Maccoby et. 'l 1!!& . 2elle 1!!1 . Pearson and Thoennes 1!"" . Fincent 1!!@. 13 >bid.

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 ma)e it difficult to negotiate a fair agreement. or eAample, one person may not be as good as the other in spea)ing 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 ta)e 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 is sometimes called 1shuttle5 mediation or 1caucusing5. 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 15

>bid. www.mediatebc.com. 16 >bid.

amily mediators often have training in managing high(conflict cases and the dynamics of family violence, as well as training and eAperience in mediation theory and practice. 0ome family mediators may speciali<e in assisting people to reach agreement on financial matters or property division. 8hen a case settles at mediation, the mediator will help the parties write an agreement. >n 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 li)e 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 ma)e a decision on the unresolved issues. 4esearch shows that cases which go to court after a mediation session often settle more ?uic)ly 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 li)e to see the dispute 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
17 18

>bid. >bid 2o. &.

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 20

'braham Mathew &;11. 4aihanah '<ahari, 1The 7evelopment of amily Mediation is Malaysian Muslim 0ociety5, Eniversity of Malaya. 21 >bid. 22 >bid. 23 www.app.syariahcourt.gov.sgHmediation

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 naf)ah 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 ma)e 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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>bid.

1>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 self(restraint, '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 1a 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 ha)am who have the authority to confirm a 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 26

*ainul 4iCal 'bu :a)ar, 10ulh in the Malaysian 0yariah =ourts%, &/ ebruary &;11. >bid.

b) The 4egistrar will then receive case file from 'ssistant 4egistrar and fiA mention date H 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 ta)en 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 recogni<e the settlement made though mediation done by syariah lawyers and on the surface instruct the parties to appear before the 0ulh officers to conduct the 0ulh again.&!

ediation In Is$a!ic ,an-in*,;

27 28

>bid. >bid. 29 Ibid. 30 '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)

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 'ah(amah (%od $eng(lasan) is of great significance to >slamic ban)ing and Ta)aful industries in dealings with their disputes.,1 'ccording to the Practice 7irection 2o. 1H&;;,, 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 ban)ing cases and not conventional cases. ,&

2evertheless, in those courts other than the Muamalah :ench in High =ourt of Guala 9umpur, >slamic ban)ing cases will be dealt with by the same Cudge or magistrate who is dealing with conventional ban)ing 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 Cudge(led 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-

31 32

Ibid Ibid 33 +seni, Emar '., and 'bu Emar aru? 'hmad. K7ispute 4esolution in >slamic inance- =ase 'nalysis of Malaysia.K A $a)er )re)ared for the *ight International Conference on Islamic *conomics and +inance. 7oha, Iatar- Iatar oundation L >4T>(>7:, 1!(&1 7ecember, &;11, &;11 34 '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)

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+ption '- Judge(led 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 lawyersM 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 :- =ourt(referred Mediation,@ 1. Mediator,B 1.1 ' mediator may be chosen by the parties from the list of certified mediators furnished by the Malaysian Mediation =entre (1MM=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 mutually acceptable 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,"
35 36

Ibid Ibid 37 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;.
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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;.

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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$ The

ediation ,ureau (. ,) 3/

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 ban)ing or financial related as well as >nsurance and Ta)aful related. The goal is only to achieve Custice socially, economically and politically.#;
39

+seni, Emar '., and 'bu Emar aru? 'hmad. K7ispute 4esolution in >slamic inance- =ase 'nalysis of Malaysia.K A $a)er )re)ared for the *ight International Conference on Islamic *conomics and +inance. 7oha, Iatar- Iatar oundation L >4T>(>7:, 1!(&1 7ecember, &;11, &;11 40 '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)

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Hence, access to Custice for >slamic ban)ing and Ta)aful disputes would be meaningful if their system of Custice yields result through a fair process, reflecting both sides $win(win settlement% and within a reasonable time and eApenses. or complaints, disputes or claims involving a financial loss, the amount claimed should not eAceed the following1. :an)ingH inancial 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&/,;;;). &. >nsuranceHTa)aful 4elated ( 4M&;;,;;; (Motor and fire insuranceHta)aful). 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 formal independent 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 :an)ing Mediation :ureau (:M:)#&

41 42

Ibid '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)

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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 ban)s or finance companies. The :ureau receives references from the customers who are not satisfied with the decisions of the ban)s 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.

Talk to the officer in charge at the co !lain" co#nter$c#"to er "er%ice co#nter of the in"tit#tional
2ot resolved

=omplaint resolved

&ile an official 'ritten co !laint to the concerned in"tit#tion

2ot resolved

(btain the )final deci"ion letter* fro the "aid in"tit#tion and !roceed b+ "#b itting co !laint" 'ith the &,2ot resolved

.roceed 'ith other nece""ar+ action incl#ding legal !roceeding

43

/a"e "ettled$clo"ed

9ee 0wee 0eng, $Mediation- >ts Practice and Procedure% available at www.leesweeseng.com

14

OThe diagram summarily shows the process included in the inancial Mediation :ureau.

ediation in Inte$$ectua$ 'ro(ert%44

'lternative dispute resolutions ('74) proceedings offer several advantages for 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, )now(how and trademar) licenses, franchises, computer contracts, multimedia contracts, distribution contracts, Coint ventures, research and development contracts, technology(sensitive employment contracts, mergers and ac?uisition where intellectual property assets assume importance, sports mar)eting 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

44

Ibid Jeremy 9ac), $The Nrowing need for '74 in >P 7isputes%. Intellectual $ro)erty 'aga0ine , 7ecember &;1; available at www.intellectualpropertymaga<ine.com 46 Ibid 47 http-HHwww.wipo.intHamcHenHmediation accessed on &# 7ecember &;1,. 48 Jeremy 9ac), $The Nrowing need for '74 in >P 7isputes%. Intellectual $ro)erty 'aga0ine , 7ecember &;1; available at www.intellectualpropertymaga<ine.com
45

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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 see)ing 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./;

49 50

http-HHwww.wipo.intHamcHenHmediation accessed on &# 7ecember &;1,. Ibid

16

' 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) Proceedings completed and signed by the parties. 0uch 'greement and 4e?uest could
17

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 open(ended Panel, including mediators, arbitrators and eAperts from 0ingapore with eApertise in intellectual property rights, such as trademar)s, 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 underta)en 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. /,

51
52 53

http-HHwww.wipo.intHamcHenHmediation accessed on &# 7ecember &;1,. Ibid Ibid

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CONCLUSION Mediation is a useful process in achieving settlement. >n fact, our courts are set to encourage mediation and to ma)e 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 sta)eholders 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 li)elihood 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.

0I1T O. R2.2R2NC2
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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) &) :u)hari, Ghutubul *aman. K'rbitration and Mediation in Malaysia.K Asean 1a2 Association. Phttp-HHwww.aseanlawassociation.orgHdocsHw#Qmalaysia.pdfR ,) Jeremy 9ac), $The Nrowing need for '74 in >P 7isputes%. Intellectual $ro)erty 'aga0ine, 7ecember &;1; available at www.intellectualpropertymaga<ine.com #) 9ee 0wee 0eng, $Mediation- >ts 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<lina 2awi, 1Towards the 7evelopment of a Mandatory amily Mediation Program in the Malaysian =ivil 9egal 0ystem. ") +seni, Emar '., and 'bu Emar aru? 'hmad. K7ispute 4esolution in >slamic

inance- =ase 'nalysis of Malaysia.K A $a)er )re)ared for the *ight International Conference on Islamic *conomics and +inance. 7oha, Iatar- Iatar oundation L >4T>(>7:, 1!(&1 7ecember, &;11, &;11 !) 4aihanah '<ahari, 1The 7evelopment of 0ociety5, Eniversity of Malaya. 1;)*ainul 4iCal 'bu :a)ar, 10ulh in the Malaysian 0yariah =ourts%, &/ &;11. 11)http-HHwww.malaysianbar.org.my
12)

amily Mediation is Malaysian Muslim ebruary

http-HHwww.wipo.intHamcHenHmediation.

1,)http-HHambar.orgHdisputeresources. 1#)www.app.syariahcourt.gov.sgHmediation
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1/)www.mediatebc.com.

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