PETALING JAYA: A move to make mediation an option before cases go to court will ease backlogs, cut costs and deliver fairer outcomes, say legal experts.
Many have welcomed it, saying it will help improve the efficiency of the justice system.
“Mediation provides a win-win outcome, rather than the winner-takes-all approach of court litigation,” said Human Rights Commission of Malaysia (Suhakam) commissioner Ragunath Kesavan.
However, he stressed that legal representation must still be provided to safeguard clients’ interests.
“Mediation by itself is not binding. Once an agreement is reached, it should be followed by a consent order,” he said.
On Tuesday, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said had announced that the newly revised Legal Aid and Public Defence Act 2025 will introduce mediation as an option before cases go to court.
She said the move, alongside amendments to the Mediation Act 2012, aims to expand access to justice and lower costs for disputing parties.
Bar Council member New Sin Yew said he supports a system that encourages mediation, which will reduce the number of cases filed in court.
“In England, for example, cost sanctions can be imposed on a party that unreasonably refuses to mediate, even if that party eventually succeeds in court,” he said.
However, he said mediation must be conducted by certified and trained people to ensure fairness.
“The Malaysian Mediation Centre, established under the Malaysian Bar Council, has many such mediators,” he said.
He explained that mediation is a cooperative process where disputing parties work towards a mutually acceptable settlement.
“The settlement agreement then becomes legally binding,” he said.
Association of Women Lawyers vice-president Denise Lim emphasised the need for safeguards to ensure mediation remains fair, accessible and voluntary.
She, too, said the revised Act should require mediators to be properly accredited and trained, while also guaranteeing parties the right to independent legal representation in highly contested disputes.
“A one-page standard form in simple language, available in Malay, English, Chinese and Tamil, should be provided to all parties, clearly stating that mediation is voluntary and confidential and that no one is obliged to accept a resolution against their will,” she said.
Meera Samanther, the association’s committee member, said mediation must remain voluntary, and parties must have the flexibility to opt out.
Disputing parties should also have the option to register settlement agreements as binding court orders, enabling enforcement in cases of breach, she added.
