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Subcommittee on Mediation: 2010/2011 Annual Report PDF Print E-mail
Monday, 04 April 2011 10:42am
Please click here to view the report of this committee from the 2010/2011 Annual Report.
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The committee ought to promote Mediation and not curtail it.
written by Tan Peek Guat, Monday, April 04 2011 08:15 pm

The questions:

a) Is it stated in the report that members of the Malaysian Bar who are interested in mediation skills training have to pay RM1,400/= each in order to be allowed to attend the skills training course organised by this Mediation committee?

b) Why should the charges be so high when the information disclosed by the two trainers who are also similarly, Malaysian lawyers, is so limited?

c) Also, why are they permitted to fail other lawyers who had had 100% attendance and had had to pay them the RM1,400/- each to attend the course?

d) When this happens to our own members of the Malaysian Bar, is the Mediation Committee not unfairly enriching itself? If so, is this permitted by the whole Bar Council which represents all lawyers?

e) Is it not the function of the Mediation Committee to promote Mediation in Malaysia instead of controlling, curtailing and restricting its growth?

The Chairman and members of the committee need to know (about), uderstand and then, only will they probably agree with the following quotes from Datuk Y.A. DATUK WIRA LOW HOP BING whose knowledge and wisdom made him opine the following on Mediation (as opposed to litigation):

Primarily, he said: "There is a mediator in all of us".

Other quotes:

"The enthusiasm for mediation is global.
The increase in mediation is universal".

"Together, we can give mediation a well deserved
position in our judicial and legal system".

"In meditation, the participants are also looking
for peace i.e. peace of mind and serenity; and
the ultimate success in securing peace, either by way of mediation or through meditation, will make the world a more peaceful place for everybody".

"There is no set formula for mediation. There are as many forms of mediation as there are permutations of human conduct".

"It is entirely democratic. Mediation should become second nature to litigants, litigators,and the courts".

"There is a mediator in all of us."

"Together we can make mediation work".

Therefore, is the Mediation Committee encouraging Mediation by allowing other interesed lawyers to participate or is it its function to act as a big brother out there,and be a bullying one too - in restricting the participation of other lawyers in Mediation?

Regards


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