What is Alternate Dispute Resolution?
Mediation is a form of alternative dispute resolution (ADR) where parties in conflict work together to reach a mutually acceptable solution with the help of a trained, impartial mediator. It focuses on open communication, negotiation, and collaboration rather than litigation. The process is private, voluntary, and aimed at helping parties resolve their disputes amicably and efficiently.
Do I Need a Lawyer for Alternate Dispute Resolution?
While mediation is less formal than court proceedings, engaging a lawyer is still beneficial. A lawyer can help you understand your rights, prepare for mediation, and review the settlement terms to ensure they are legally sound and enforceable. Lawyers can also participate during the mediation to protect your interests while maintaining a cooperative atmosphere.
Signs That You May Benefit from Alternate Dispute Resolution
You should consider engaging a lawyer for alternate dispute resolution if:
- You are involved in a dispute but wish to avoid lengthy or costly litigation.
- You want to preserve relationships (business, family, or partnership) while resolving differences.
- You prefer a confidential process instead of a public court case.
- You are open to negotiation and compromise.
- You seek a quicker, cost-effective, and binding resolution.
What Is the Role of a Alternate Dispute Resolution Lawyer?
CHIONG & PARTNERS provides services facilitated by trained and impartial mediators who:
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Encourage parties to communicate openly and negotiate mutually acceptable terms.
- Help identify key issues and guide discussions toward constructive resolution.
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Record successful outcomes in a Settlement Agreement, which is binding and enforceable between the parties.
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Ensure that all disclosures, concessions, and communications made during mediation are private, confidential, and “without prejudice”, meaning they cannot be used later in court.
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Reduce unnecessary litigation costs while increasing the chances of a timely and amicable resolution.
Under Section 2(a) of the Mediation Act 2012, mediation can be applied to most personal and commercial disputes, except for:
- Constitutional law matters under the Federal Constitution
- Prerogative writs (Courts of Judicature Act 1964)
- Temporary or permanent injunctions
- Election petitions under the Election Offences Act 1954
- Proceedings under the Land Acquisition Act 1960
- Judicial reviews, appeals, or revisions
- Cases before the Native Court
- Criminal proceedings
Our Working Process
1. Case Assessment
Reviewing the nature of the dispute and suitability for mediation.
2. Appointment of Mediator
Assigning a qualified and neutral mediator to facilitate communication.
3. Mediation Session
Conducting private sessions where parties discuss issues and negotiate terms.
4. Settlement Agreement
Recording the mutually agreed terms in a binding agreement, signed by all parties.
Questions You May Wonder
Yes. Once parties reach an agreement, the terms are recorded in a Settlement Agreement, which is binding and enforceable under Malaysian law.
If parties cannot reach an agreement, they may still proceed with court litigation or arbitration. Discussions during mediation remain confidential and cannot be used as evidence.
Mediation is a voluntary, confidential process focused on mutual agreement, whereas court proceedings are adversarial, public, and often more time-consuming and costly.
