Mediation a complement to litigation

THERE have been grouses among the public over the inordinate and inexcusable delay in the disposal of cases in the courts. Too often, blame has been levelled on the courts when, in fact, there are other factors that have equally contributed to the delay. These include unnecessary requests for adjournments, transfer of judges or judicial officers, lack of court interpreters, and loss of evidence or exhibits in court.

In some cases, even the courts have raised concern over delays in the settlement of disputes. In Khairul Faezah bt Haji Abdul Majid v Muhamad Salleh bin Bidin (2004), there was a delay of approximately four years in the settlement of the dispute. The Syariah High Court stated inter alia that if only all the parties had acted accordingly, it would have saved the time of the proceeding of this case. The parties and their counsels were urged to be serious in settling the dispute, without unnecessary request for adjournment, as the parties and the general public would place the blame of any delay on the court.