Operating Procedure for Mediation at the Court Mediation Center

Pre-Mediation:

1. 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.
2. The mediation center will contact the parties involved by email or phone.
3. 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:

1. 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
2. All parties must comply with all implemented social distancing measures.
3. The Mediation Center will ensure that cleaning / disinfection processes are carried out counter at regular intervals at the mediation room / waiting room / registration.
4. All parties in attendance are required to wear face masks and use hand sanitizer during the mediation session.
5. All parties are requested to be present at the Mediation Center 15 minutes before the determined mediation session.
6. If the parties fail to be present during the aforementioned time, the mediation session may be cancelled.
7. All parties are encouraged to send only one representative to attend the mediation session.
8. All attending representatives must have the mandate to make decisions.
9. For all mediation being carried out at the Mediation Center, all parties are bound by the existing mediation rules. 

Post-Mediation:

1. 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.
2. A copy of the draft order must be sent to the Mediation Center as notice.
3. Cases which fail to be resolved will be returned to the Judge or the Magistrates Trial Court.

Operating Procedure for Online Mediation

Pre-Mediation:

1. 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.
2. The chosen mediator will contact the parties involved by email / phone.
3. 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

1. The Mediator will arrange a discussion session using the agreed video conferencing system (for example: Skype or Zoom).
2. All parties must ensure that they have a stable internet connection throughout the mediation session.
3. No recordings at all are allowed while the mediation session is ongoing.
4. The parties are bound by the existing mediation rules.
5. The mediation session will start with the Lawyer involved.
6. The subsequent session will be with the parties either jointly or separately, as agreed by all parties involved.
7. For sessions conducted separately, the Mediation will open two (2) different “chat rooms” for each party.
8. In the event of a technical problem with the video or audio feed, the “chat” medium will be used.

Post-Mediation:

1. 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.
2. A copy of the draft order must be sent to the Mediation Center as notice.
3. Cases which fail to be resolved will be re-sent to the Trial Court.
4. 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