Certification and Mediation Training for the Mediators in Malaysia
Abstract
The certification and mediation training are very important to ensure that mediators are in the best position to be neutral third parties and can effectively exercise a significant amount of authority and power over disputants. The Malaysian Mediation Act 2012 is silent on mediation training and practice for the mediators. Mediation training is related to the issues of qualification and accreditation of mediators since good quality mediation training will reflect the general practice of mediation. This paper is a summary and analysis of the literature on mediation training and practice issues. Some models of mediation training are also highlighted. This research employs qualitative research methodology, which is based on the doctrinal approach. The information and contribution of this research will help the government to enhance the quality of mediation trainers and programme administrators as they seek to ensure that the training, they provide is of the highest quality possible so that a standardised certification for mediators can be implemented in Malaysia.
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References
American Arbitration Association (2005). Model Standards of Conduct for Mediators by American Bar Association for Conflict Resolution. American Arbitration Association.https://adr.org/aaa/ShowPDF?doc=ADRSTG_010409 accessed on 2 February 2012.
Australian Government. (2004). A New Approach to the Family Law System: Implementation of Reforms. Commonwealth of Australia.
Bagshaw, D. (2008) Mediation, Culture and Transformative Peacemaking: Constraints and Challenges. Paper presented at the 4th Asia-Pacific Mediation Forum Conference: Mediation in Asia Pacific: Constraints and Challenges, Ahmad Ibrahim Kulliyyah of Laws, IIUM, Kuala Lumpur, 16 – 18 June 2008.
Boulle, L., & Nesic, M. (2009). Mediation: Principles process practice. Tottel Pub.
Bukhari, K. Z. (2003). Arbitration and Mediation in Malaysia. Presented at the 8th General Assembly of the Asean Law Association in 2003, available at http://www.aseanlawassociation.org/ docs/w4_malaysia.pdf.
Cukier, N. (2010). Lawyers acting as mediators: ethical dilemmas in the shift from advocacy to impartiality. Australasian Dispute Resolution Journal, 21(1), 59–65.
Fehlberg, B. & Behrens, J. (2008). Australian Family Law: The Contemporary Context, Oxford University Press Australia and New Zealand.
Goldberg, S. B., A., S. F. E., Rogers, N. H., & amp; Cole, S. R. (2020). In Dispute resolution: Negotiation, mediation, and other processes, 7th Edition (pp. 3–12). Aspen Law & business.
Jan, M. N., & Mohamed, A. A. A. (2010). Mediation in Malaysia: The law and practice. LexisNexis.
Khan, H.A (2004). Community Mediation In Malaysia: A Step Forward, 1 MLJ 2
Kharel, A. (2018). Doctrinal Legal Research. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.3130525
Lau, W. K. H., & Ali Mohamed, A. A. (2020). Mediators: Accreditation and Training Requirements. CLJ Publication.
Lee, J. (2012). Non Verbal Communication and Mediation, [2011] 1 LNS(A) lii
Mohd Nasir, N.F., Zainol, Z.A., Suhor, S. & Md. Said, M.H. (2020). Mediation and online mediation in family disputes in Malaysia: a comparative study. International Journal of Business and Globalisation, 30, 3-4.
Rahman, K. A. (2012). Mediation and mediator skills: A critical appraisal. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.3231684
Sourdin, T. (2020). lternative dispute resolution. Lawbook Co.
Syed Khalid Rashid. (2010). Alternative Dispute Resolution in Malaysia. Kulliyyah of Laws IIUM.
