When the dispute cannot be solved amicably


WHENEVER there is a dispute, the best way to resolve it is through an amicable win-win settlement. This stands true, especially in eastern culture where we believe in solving a dispute harmoniously. However, there are times when a dispute cannot be solved through negotiation or mediation, such as after a few rounds of failed attempts or both parties assert their rights and are unwilling to compromise. When parties in a dispute reach that juncture, mediation is no longer a good way for dispute resolution. A third-party decision maker’s intervention would be necessary to determine a solution for that dispute.

Conventionally, such a dispute will be brought up to a court for decision making by one party against the other. However, in recent years, more disputing parties are seeking private dispute resolution through arbitration instead of submitting the case to a court. Unlike in a mediation where a mediator’s role is to facilitate the negotiation, an arbitrator makes a decision on the dispute known as an “award’ in an arbitration proceeding. In a mediation, parties may risk walking out without a solution, in contrast, an arbitral award has a binding effect against both parties in the arbitration proceeding. Thus, it provides certainty to the parties as at the end of the arbitral proceedings, an outcome is almost certain.

Save 30% OFF The Star Digital Access

Monthly Plan

RM 13.90/month

RM 9.73/month

Billed as RM 9.73 for the 1st month, RM 13.90 thereafter.

Best Value

Annual Plan

RM 12.33/month

RM 8.63/month

Billed as RM 103.60 for the 1st year, RM 148 thereafter.

Follow us on our official WhatsApp channel for breaking news alerts and key updates!
SEARCH Scholar Series , LAI CHOOI LING ,

Next In Columnists

Respecting rights of the elderly
Man of the Hour
Malaysia’s Innovation Paradox: Rising Aspirations, Declining Foundations
Respect can build nations
Red cards, redemption and rising pressure across Premier League
Riding the tide: Malaysia-China collaboration in the blue economy
Sabah polls a wake-up call to Putrajaya
The governance conundrum
Sabah polls produces a few shockers
Turning cancer adversity into health opportunity

Others Also Read