Mediation

Frequently Asked Questions [ Mediation ]

1. What is mediation?

 

Mediation is a process in which parties having dispute settle their dispute voluntarily and amicably with the assistance of a mediator. A mediation session will be held within thirty (30) days after the parties have signed the Consent Agreement for Mediation.

2. What are the advantages of mediation??

 Mediation

(a) encourages the disputing parties to exercise ultimate right to speak in resolving dispute;

(b) promotes cooperation between parties;

(c) saves time and cost;

(d) assures confidentiality of all communications during negotiation;

(e) preserves and improves relationship of the parties;

(f) does not aggrieve any parties despite failure to obtain any resolution because justice remains preserved when the dispute is brought to court; and

(g) often results in a mutual and amenable resolution decided by parties themselves.

3. What is the case that the applicant can obtain mediation services?

The cases set out in the Third Schedule of Act 26 applicable to mediation services in JBG are:

(a) All cases of sharia family except divorce cases, fasakh and notices of judgment.

(b) All civil family cases except cases involving domestic violence.

(c) Disputes involving parties to be contacted.

4. Who can apply for this mediation service?

(a) This mediation service may be sought by assisted persons or opponents.

(b) Investigating Officers who interview the applicant may recommend mediation services to applicants if the case is considered suitable for mediation.

5. Is could be pursued mediation conference if one of the absent party?

The mediation cannot continue if either party only that present and considered unsuccessful.

6. Will the mediation session be postponed on another date?

Its may be adjourned on another date on reasonable grounds acceptable by example intermediaries such as:

(a) The party was absent from the mediation session for a sick leave

(b) The party was absent from the mediation trial for not receiving a release from the employer; or

(c) The parties are absent from the mediation session for being abroad.

7. Will any party present withdraw from the mediation session?

Any party may withdraw from the mediation session if refuses to proceed with the mediation session by filling out an withdrawal form from mediation.

8. Are those who attended the sulhmic process in sharia court can apply for mediation in JBG?

For any party who has undergone a sheriff session in syariah court it is no longer possible to mediation the case at JBG.

9. Are the parties bound by the terms of the settlement agreement after the mediation session on the run?

Yes. The parties are bound by the terms of the settlement or agreement reached during the mediation sessions as agreed.

10. Are the parties bound by the terms of the settlement agreement after the mediation session on the run?

(a) The goals and goals from start to finish briefly.

(b) Terms and advantages of mediation methods

(c) Terms that bind the parties to the agreement

(d) The method records the agreement whether in peace or by court order

(e) Where a settlement is reached in a mediation session, the parties are required to sign a Settlement Agreement and that the study will be binding on the parties.

11. This mediation service is only feasible to Malaysian citizens only?

This mediation service is only feasible to Malaysian citizens only.

12. What about the unsuccessful mediation case during the mediation session?

For cases that fail to reach a resolution during the mediation trial the case will be extended further to the lower part of the litigation unit.