Mediation in Malaysia The Law and Practice

Author: Mohammad Naqib Ishan Jan; Ashgar Ali Ali Mohamed
Publisher: LexisNexis Malaysia
ISBN: 9789675371844
Published In: January 2010
Format: Paperback
Jurisdiction: Malaysia ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book encompasses the law and practice ofmediation 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 themain 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 andmost expeditious formof resolving disputes. Although this book acknowledges thatmediation has been employed inmany areas; it nevertheless explores the relevance, options and future possibilities for amicable settlement in a broad range of sectors. Comparisons aremade 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 theMalaysian 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-governmental organisations, academicians, students and the general public.

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:

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

Mohammad Naqib Ishan Jan

is an Associate Professor and the Head of ResearchManagement Unit at Ahmad IbrahimKulliyyah (Faculty) of Laws (AIKOL), International Islamic UniversityMalaysia (IIUM). He is also the coordinator of Alternative Dispute Resolution Unit (ADRU), amember of theWorld TradeOrganization and Globalization Unit, and the International Law andMaritime Affairs Unit (ILMA) at IIUMwhere he obtained his bachelor?s,master?s degrees and Ph.D. in Law. His areas of expertise include International Law of Armed Conflict, International Human Rights Law, Refugee Law and the Law of the United Nations. He has published extensively in these specialized areas. He has taught public international law, the law of torts and the law of contracts. He has published a number of books and numerous articles in refereed law journals and presented academic papers at national, regional and international conferences.

Ashgar Ali Ali Mohamed

Ashgar Ali was admitted to the Malaysian Bar as an advocate and solicitor by the High Court ofMalaya in 1992. His areas of interest include Employment Law, Civil Litigation and Alternative Dispute Resolution. He is currently an Associate Professor at Ahmad IbrahimKulliyah of Laws, International Islamic UniversityMalaysia. He is also the Executive and Steering Committee member of the Asia Pacific Mediation Forum( APMF).