MEDIATION TRAINING FOR THE

MEDIATORS:
A LESSON FROM FOREIGN
JURISDICTIONS
 OUTLINE OF DISCUSSION

 Introduction

 Advantages of mediation
 Position in Malaysia

 Models of Good Mediation Training

 Advantages of Having a Good Mediation Training

 Conclusion
 INTRODUCTION

Mediation is defined as an informal, private and non-

binding process where disputes are resolved by an
independent and impartial mediator assisting parties
to reach an agreement.

Mediation can involve two or more individuals,

groups, businesses or organizations who have had a
disagreement and have been unable to resolve the
issues between them. The parties meet with an
independent or neutral third party who facilitates the
discussions.
 ADVANTAGES OF MEDIATION

Mediation is relatively swift.

Mediation allows the opportunity Mediation is relatively

for parties to work together and inexpensive. Seeing a case
reach a settlement and continue to through trial is an
work together. expensive proposition.

Mediation allows for flexible Mediation is relatively

solutions and settlements. There is simple. There are no
no jury in mediation. The risk of a complex procedural or
huge, unwarranted award is greatly evidentiary rules which
reduced. must be followed.
 ADVANTAGES OF HAVING GOOD
MEDIATION TRAINING

 Since mediators came from various different fields and

backgrounds, good training will be helpful for them to
familiarize with mediation terms, procedure and many
more.
 To prepare themselves to face various types of different
situations that might happen in the future
 To get client’s confidence

 To practice neutrality

 Simulation training provides good experience the feel of a

real mediation process
 MODELS OF GOOD MEDIATION TRAINING
 In general, mediators have to pass some training modules to be
authorized to conduct mediation process.

 Some of the basic components of mediation training are

communication skills, standard and ethics and theories of conflict.

 In Australia, the National Mediator Accreditation System (NMAS)

is a body established aiming to promote mediator’s competency.

 Practice Standards laid out by NMAS consists of confidentiality,

knowledge, skills and ethical principles, ethical conduct and
professional relations, charging for services, procedural fairness
and impartiality, power and safety, provision of information and
promotion of services.
 Association for Conflict Resolution in the United States
focuses on requirements relating to minimum traits,
education, skills, training and demonstrated competencies
as well as experience.

 Society for Professionals Engaged in ADR (SDIR)

recommended that instead of assessing based on paper
credentials, training should be assessed by performance.

 For family mediation, mediators need to be aware of several

important issues namely domestic violence, child abuse,
power imbalance family dynamics, the effect of separation
and divorce on children as well as finance issues such as
pensions and property.
 POSITION IN MALAYSIA
 Early times - parties would resolve their dispute through impartial
third party such as Imam or Penghulu.

Members of Judiciary

 Tun Eusoff Chin - backlogged cases in the courts can be cleared off
faster by the introduction of mediation
 Tun Ahmad Fairuz Sheikh Abdul Halim - settlement of disputes,
especially on civil matters are to go through the process of mediation
 Tan Sri Abdul Gani Patail - mediation should be used as a number one
method to resolve civil disputes

Others

 Yasmeen Shariff - the stand of the legal association to have

compulsory mediation concept in the settlement of family dispute
Mediation Act 2012
 Objective

To promote and encourage mediation as a

method of ADR

Inapplicable on
a) Mediation carried out by judge, magistrate, or
any officer of the court
b) Mediation held by the Legal Aid Department

c) Dispute regarding matters specified in the

schedule
 MEDIATION TRAINING IN MALAYSIA

 The relevant provision on mediator is incorporated in

section 7 of the Mediation Act 2012

 However, the words used in the Act indicates the

vagueness in qualification and accreditation of a
mediator

 Thus, there is no consistency and uniformity in terms of

qualification and standard of mediators among
mediation bodies
 Asian
• The mediators appointed are
International persons who are expert in their
Arbitration profession and fields
Centre (AIAC)

• Join a five-day mediation

The Constructions course
Industry • Pass two simulations acting as
Developments mediator
• Provide assistance in role
Board (CIDB) playing parties in at least two
other simulations
 CONCLUSION

Mediation Act 2012 is silent on the mediation

training for the mediators. This leads to the
development of numerous models of mediation
training. By having a good training design,
mediators can exert their full capabilities
effectively. It can be seen that training designs
are related to the accreditation and qualification
of mediators. Therefore, these training designs
are developed to ensure the finest quality of
mediators are produced