Another way to end disputes


Problem solved: Chung (centre) settling a case between two parties during a recent mediation session. — CHAN BOON KAI/The Star

Community mediators offer ‘quicker, easier, cheaper’ option

GEORGE TOWN: Not every dispute needs to end with hiring lawyers, going to court and paying legal bills.

From neighbourhood quarrels to family disputes, small business conflicts and even claims worth nearly RM1mil, Penang’s Justice of the Peace community mediators help people find solutions without long and costly court fights.

Penang JP Community Mediators Society chairman Peter Chung said they dealt with family differences, community disputes and small business matters where legal costs could exceed the amount claimed.

“At the end of mediation, both parties and the mediator sign a mutual settlement contract that is enforceable in court.

“It’s quicker, easier and cheaper,” he said, adding that the society’s mediators had been active since 2016.

These mediators have handled cases involving child custody, divorce, family quarrels, defamation, neighbour disputes and contract problems.

“We have seen a 70% to 80% success rate.

“In mediation, we work on reaching an agreement, not deciding who is right or wrong.

“We speak to both parties together and individually.”

Chung said mediators bring professional and community experience to the process.

“I am a retired civil engineer, so I have some knowledge of ­construction.

“We have community leaders, professionals and experts in our team of 20 accredited mediators.”

Chung added that the society offers its services pro bono in ­several languages.

“We do not have a fixed location for now, so we move around and make sure the sessions are held in a quiet and private place.

“Some cases can take up to seven sessions to settle.

“We usually spend a maximum of three hours per session.

“There can be months between sessions, so we work to make sure they remember what was ­discussed, as sessions are not recorded.”

Chung said more people were now open to mediation.

“It can be as simple as a dispute over a clogged drain or a claim of almost RM1mil.

“There are family matters with painful emotions.

“We are all human, so we are careful not to judge. We ask them what they want rather than decide what they deserve.

“Mediation is meant to empower the parties to decide what they want.”

Chung said tempers could flare during sessions and mediators had to remind those involved of the ground rules.

“I let them vent, but I make it clear that both parties must allow each other to speak.

“We have to be stern at times.

“We have a high success rate with small business disputes as they usually want to compromise and continue working together.”

Chung said he once helped resolve a seven-year dispute within a few sessions.

“Sometimes, we become like counsellors and just listen.

“It then has a way of working itself out and can become a binding contract,” he said.

“We hope to get support from the state government for a permanent community mediation centre in Penang, much like the Madani Mediation Centre in Kuala Lumpur.”

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