Mediation the way forward

- Post Lockdown/COVID-19

Covid 19 has taken the world by storm. Our lives and livelihood is now subject to the dictates of this virus - a parasite that needs human cells to thrive on. It is micro microscopic in size but the damage being done is mega catastrophic. Who in our wildest dream would have thought that we would live – literally in a scene from movie. We are there and we need to move forward. We need to wake up to post lockdown if not post Covid and we need jumpstart our lives, our careers, our business and manage our bread and butter issues.

Most businesses now are under lockdown. This has impacted the way contracts are performed and the breach thereof. Many an article has appeared on whether the parties can rely on “force majeure “or frustration to save themselves from the repercussions of the breach and the results thereof. Of course very many matters may find their way to Court to find a solution. This article would touch on a process that is wholesome, holistic and one that can address a lot of these concerns in a time efficient and cost effective way – yes you have guessed – it is called Mediation.

To those of us in the Asian society, mediation is nothing new. We have always had an ancient system where we rely on elders or persons of repute to whom we refer a dispute and allow them to find a solution or make a decision which had to be complied. As time passed on we adopted this system in a more coordinated and structured way and made laws and Courts. We are now reverting to the informal system again, with a difference in the way we reach the outcome. The independent third party now is called a Mediator. The Mediator does not make any decision or decrees, he or she merely help parties to find a solution which best suits their needs. This process is picking up steam in the Western World and is a process that is available in Malaysia.

So what is Mediation – Mediation is a process where parties’ in conflict appoint an independent Trained third party to help them resolve the dispute at hand and arrive at an amicable settlement.

Where do you find this trained Mediator – In Malaysia there is list of mediators who are registered with the Malaysian Mediation Centre ( MMC ) or the Arbitration Centre ( AIAC) You may also know of lawyers who are trained Mediators (who may or may not be on the panel of Mediators with these centres)

How do you appoint a Mediator – Since mediation is a voluntary process, both parties to a dispute need to agree to the Mediator being appointed.

Megalai Raman & Nachammai Kumarappan
Advocate & Solicitor
Mediation Trainer, Coach & Assessor

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