Operating Procedure for Mediation at the Court Mediation Center
Pre-Mediation:
- Fill in the consent form for mediation which can be found on the relevant court website. Then, email your request to mediate to the mediation center involved.
- The mediation center will contact the parties involved by email or phone.
- The parties must send the following information to the mediation center through email:
- Case number in the court of law;
- Facts of the case;
- Date and time at which the parties are free to attend the mediation session; and
- Name, phone number, and email of the parties and the lawyers involved.
During Mediation:
- All parties in attendance on the day of the mediation session must register their attendance using the Court Visitor Tracking System (by scanning a QR code) or by filling in the visitors’ form which can be found at www.kehakiman.gov.my
- All parties must comply with all implemented social distancing measures.
- The Mediation Center will ensure that cleaning / disinfection processes are carried out counter at regular intervals at the mediation room / waiting room / registration.
- All parties in attendance are required to wear face masks and use hand sanitizer during the mediation session.
- All parties are requested to be present at the Mediation Center 15 minutes before the determined mediation session.
- If the parties fail to be present during the aforementioned time, the mediation session may be cancelled.
- All parties are encouraged to send only one representative to attend the mediation session.
- All attending representatives must have the mandate to make decisions.
- For all mediation being carried out at the Mediation Center, all parties are bound by the existing mediation rules.
Post-Mediation:
- Where a case has been successfully resolved, the Lawyer must send the draft order, agreed upon and signed by the Lawyer/parties involved, through email to the Trial Court to obtain a date for the purposes of recording the Consent Order.
- A copy of the draft order must be sent to the Mediation Center as notice.
- Cases which fail to be resolved will be returned to the Judge or the Magistrates Trial Court.
Operating Procedure for Online Mediation
Pre-Mediation:
- Fill in the consent form for mediation which can be found on the relevant court website. Then, email your request to mediate to the mediation center involved.
- The chosen mediator will contact the parties involved by email / phone.
- The parties must send the following information to the mediation center through email:
- Case number in the court of law;
- Facts of the case;
- Date and time at which the parties are free to attend the mediation session; and
- Name, phone number, and email of the parties and the lawyers involved.
4. Chosen representatives must have the mandate to make decisions.
During Mediation
- The Mediator will arrange a discussion session using the agreed video conferencing system (for example: Skype or Zoom).
- All parties must ensure that they have a stable internet connection throughout the mediation session.
- No recordings at all are allowed while the mediation session is ongoing.
- The parties are bound by the existing mediation rules.
- The mediation session will start with the Lawyer involved.
- The subsequent session will be with the parties either jointly or separately, as agreed by all parties involved.
- For sessions conducted separately, the Mediation will open two (2) different “chat rooms” for each party.
- In the event of a technical problem with the video or audio feed, the “chat” medium will be used.
Post-Mediation:
- Where a case has been successfully resolved, the Lawyer must send the draft order, agreed upon and signed by the Lawyer/parties involved, through email to the Trial Court to obtain a date for the purposes of recording the Consent Order.
- A copy of the draft order must be sent to the Mediation Center as notice.
- Cases which fail to be resolved will be re-sent to the Trial Court.
- Any further discussions concerning the case will be done by phone / email.
Please click here for the SOP for Mediation in Bahasa, our national language