Arbitration / Mediation / Litigation

Mediation in Malaysia The Law and Practice

Edited by Mohammad Naqib Ishan Jan · Ashgar Ali Ali Mohamed
LexisNexis Malaysia January 2010

Specifications

ISBN-13
9789675371844
Publisher
LexisNexis Malaysia
Publication
January 2010
Format
Paperback
Jurisdiction
Malaysia ? Countri(es) for reference only

Details

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.

Table of Contents

  • 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

About the Author

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).

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