Mediation is a form of alternative dispute resolution that is gaining attention.  The benefits of mediation are:

1. Less time-consuming: quick, efficient and easy (most mediations can be concluded within a working day);
2. Costs less: inexpensive and costs less than litigation or arbitration (it does not involve court process);
3. Provides confidentiality and privacy: provides a safe environment for resolution as the process is confidential, conducted in private and matters disclosed in mediation may not be raised or revisited in other proceedings (conducted in a neutral, private and safe environment);
4. Open communication: acknowledges, addresses and deals with real and practical concerns of parties which may otherwise be considered irrelevant (a chance for parties to understand issues);
5. Mend relationships: enables parties to “mend fences” (restores and/or preserves amicable relationships);
6. Offer control and support: empowers parties to reach a mutually satisfactory resolution of their disputes (a chance for parties to find possible solutions to their disputes);
7. Offer solution: enables resolutions which are in the best interest of the respective parties (allow parties to come to a compromise to end the disputes). 

It involves the mediator, who is a third party, finding the best solution to the dispute between two (or more) parties.  The mediation process is carried out on a voluntary basis and out of court.
For a mediator, the process of mediation involves listening and facilitating the communication between parties, and driving towards a resolution to the dispute.  The mediation process is conducted in a safe, private and confidential manner.  At the end of a mediation process, the outcome is formalised in a written agreement as agreed between parties.
Under the auspices of the Bar Council of Malaysia, the Malaysian Mediation Centre (“MMC”) was established with objectives that include promoting mediation as an alternative dispute resolution process and also to provide a proper avenue for successful dispute resolutions.  The MMC practices a facilitative form of Mediation and offers a comprehensive range of services which include:

1. Professional Mediation services by trained Mediators who have been accredited and appointed to the MMC’s Panel of Mediators;
2. Public talks on Mediation and alternate dispute resolution;
3. Assistance and advice on how clients may best look after their interests in using mediation as an alternative dispute resolution process;
4. Training in Mediation techniques, procedures and skills; 
5. Assessment and accreditation on MMC’s panel of Mediators;
6. Consultancy services in dispute management and conflict avoidance;
7. Administrative and secretarial support;
8. Provide a venue for Mediation sessions.

Since its establishment, MMC has assigned a number of disputes to its certified mediators when parties cannot appoint a Mediator.  Disputes mediated by the MMC include family matters, contractual matters, construction matters and medical negligence.

For those who wish to become a certified mediator, MMC conducts a Mediation Skills Training Course.  The course requires you to attend 40 hours of training and pass a practical assessment carried out during the training session.  There is no specific requirement to attend the course other than an individual’s ability to communicate effectively as well as a good command and understanding of language.  A good mediator must be able to remain impartial and non-judgmental at all times.

For more information about the Mediation Skills Training Course, please visit Malaysian Mediation Centre’s website at www.malaysianmediationcentre.org or email mmc@malaysianbar.org.my.