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The activities of the Mediation Subcommittee (set up under the auspices of the Arbitration and Alternative Dispute Resolution Committee) for this term include:

(A)    Mediation Skills Training Programme

The Mediation Subcommittee conducted a mediation skills training programme from 27 to 31 Oct 2010, attended by 18 Members of the Bar.  Prior to the training, a Working Group (“WG”) had been formed to develop the course material for the 40-hour programme.  This WG comprised mediators who had undergone the Refresher Mediation Process & Skills Course, and Train the Trainers programme, conducted by the Accord Group of Australia back-to-back from 6 to 10 Mar 2010.  The Train the Trainers programme was funded by the Malaysian Industrial Development Authority.

14 of the participants who attended the five-day mediation skills training programme and successfully completed a practical assessment have been invited to serve as mediators on the panel of the Bar Council Malaysian Mediation Centre (“MMC”). 

As at 30 Nov 2010, there are 241 mediators on the MMC’s panel, consisting of Members of the Bar and individuals who have undergone the Bar Council’s mediation skills training programme.

(B)    Practice Direction No 5 of 2010 on Mediation

In February 2010, the Judiciary invited Justice Clifford Wallace, Senior Judge and Former Circuit Judge, US Court of Appeals, to conduct a seminar on mediation, which was aimed at  training local judges on the process of mediation.  Members of the Mediation Subcommittee were invited to attend the seminar.

When the Judges started implementing mediation as a mode of settling disputes, Bar Council received several complaints from practitioners about the manner in which mediation was carried out.  Bar Council raised this matter with YAA Tun Dato’ Seri Zaki b Tun Azmi, Chief Justice of Malaysia, during a meeting held on 3 June 2010.

Pursuant to the meeting, the Chief Justice issued Practice Direction No 5 of 2010 on mediation to all High Court Judges, Judicial Commissioners of the High Court, Sessions Courts Judges, Registrars of the High Court, Magistrates and Registrars of the Subordinate Courts.   This information was disseminated to Members of the Bar via Circular No 217/2010 dated 19 Aug 2010 (“Practice Direction No 5/2010 on Mediation”).  According to the Practice Direction, which came into effect on 16 Aug 2010, all Judges of the High Court and their Deputy Registrars and all Judges of the Sessions Court and Magistrates and their Registrars, may “give such directions that the parties facilitate the settlement of the matter before the court by way of mediation”.

The objective of this Practice Direction is to encourage parties to arrive at an amicable settlement without having to go through, or complete, a trial or appeal.  Litigants have the option of either appearing before a Judge, who can act as a mediator, or have the process of mediation conducted by MMC. 

(C)    The 2nd Asian Mediation Association Conference (“AMAC”)

At the request of the Asian Mediation Association, the MMC is honoured to host the 2nd AMAC.  This conference is scheduled to be held on 24 to 25 Feb 2011 at the Sheraton Imperial Hotel, Kuala Lumpur.  The conference programme covers a wide selection of current and noteworthy mediation topics in various practice areas including foreclosure mediation, relationships (both corporate and family), intellectual property, franchising, employment disputes and personal injuries.  Internationally renowned speakers from the United Kingdom, United States of America, Hong Kong, New Zealand, Australia, the Philippines, Singapore and Thailand, as well as from our own homeland, have been invited to speak at the 2nd AMAC.

(D)    Family Mediation Course

The Mediation Subcommittee is organising a Family Mediation Course from 26 to 28 Feb 2011.  The Course is aimed at helping participants acquire and develop the necessary skills for family dispute mediation.  For more details, refer to Circular No 263/2010 dated 18 Nov 2010 (“Family Mediation Course”).


Kuthubul Zaman Bukhari
Chairperson
Arbitration and Alternative Dispute Resolution Committee and Mediation Subcommittee

Dated 3 Dec 2010

(1)    Kuthubul Zaman Bukhari (Chairperson)
(2)    Hendon Mohamed (Deputy Chairperson)

Members:
(3)    Abdul Fareed b Abdul Gafoor 
(4)    Amar Chand Vohrah
(5)    Amirhamzah b Karim
(6)    Choy Kam Lee
(7)    Foong Kuan Ming
(8)    Gunavathi Subramaniam
(9)    Isharidah bt Dato’ Ishak
(10)    Karen Abraham
(11)    Marcus Hwang
(12)    Megalai Raman
(13)    Nachammai Kumarappan
(14)    Ng Seng Kiok
(15)    Petra Oon
(16)    Phee Boon Leng
(17)    Serene Ong Si-Oui
(18)    Seumas Tan Nyap Tek
(19)    Sumathi Murugiah
(20)    Tay Bee Choo
(21)    Tejindarpal Kaur
(22)    Wong Lu Peen
(23)    Zainul Rijal

Officer-in-charge: Marianna Laureen Tan