Mediation important in commercial dispute resolution - Zaki

Mediation has taken on an increasingly important role in the resolution of many forms of domestic or international commercial disputes, says former chief justice Tun Zaki Azmi.

He said the Malaysian Bar Council had promoted the use of mediation, and created a mediation facility for use by litigants.

"Very often, parties commence legal proceedings without first attempting mediation, (and) in such circumstances, it is common for the judge to suggest that parties attempt mediation.

"If parties are agreeable, the judge may mediate the matter himself, or alternatively, refer the parties to another judge or registrar to assist with the mediation.

"Where the mediation is unable to bring about an amicable settlement, the case is returned to the hearing judge for disposal," he added in his keynote address at the Kuala Lumpur Regional Centre Arbitration (KLRCA) Mediation Forum 2016 here Thursday.

Zaki said that from the court's perspective, mediation had proved to be an extremely useful tool for case management, adding the KLRCA had made great strides in promoting the use of mediation, and now sponsored 10 mediations referred to by the courts, for free.

Thus, the KLRCA and its mediators played an important role in raising public awareness of mediation as an alternative method of dispute resolution to court litigation, and establishing mediation as an accepted parallel process, alongside court litigation.

"While we acknowledge that mediation can be integrated as part of the judicial system, training and accreditation must be regulated, (and) there is also a need to forge ahead to raise the standard and quality of our mediators," said Zaki. --Bernama