Mediation the right move for disputes, say experts


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.

Follow us on our official WhatsApp channel for breaking news alerts and key updates!

Next In Nation

Anwar to attend Annual Leaders' Consultation during two-day working visit to Brunei
Lorry driver killed after skidding into drain near Ayer Hitam school
Melaka BN being courted like a 'maiden' ahead of state polls, says Ab Rauf
Anwar to make important announcements on Aug 30, Sept 16
Kedah MB's ex-political secretary ordered to enter defence in bribery case
SC wins suit, five individuals ordered to pay RM103.75mil
Ex-1MDB CEO doesn't know why allegations in separate suit changed, court hears
Muslims' faith makes them more averse to corruption, claims Hadi
CAAM tightens drug, alcohol screening for aviation personnel
Annual WAK Festival has potential to become major regional event, says Sarawak tourism minister

Others Also Read