This document discusses mediation training for mediators in Malaysia. It outlines the advantages of mediation and different models of good mediation training used in foreign jurisdictions. In Malaysia, the Mediation Act of 2012 does not specify requirements for mediator training, leading to inconsistent standards. The document concludes that establishing a robust training program would help produce high quality mediators and ensure their effective performance in resolving disputes.

1. MEDIATION TRAINING FOR THE
MEDIATORS:
A LESSON FROM FOREIGN
JURISDICTIONS

2. OUTLINE OF DISCUSSION
 Introduction
 Advantages of mediation
 Position in Malaysia
 Models of Good Mediation Training
 Advantages of Having a Good Mediation Training
 Conclusion

3. INTRODUCTION
Mediation is defined as an informal, private and non-
binding process where disputes are resolved by an
independent and impartial mediator assisting parties
to reach an agreement.
Mediation can involve two or more individuals,
groups, businesses or organizations who have had a
disagreement and have been unable to resolve the
issues between them. The parties meet with an
independent or neutral third party who facilitates the
discussions.

4. ADVANTAGES OF MEDIATION
Mediation is relatively
inexpensive. Seeing a case
through trial is an expensive
proposition.
Mediation is relatively swift.
Mediation is relatively
simple. There are no
complex procedural or
evidentiary rules which
must be followed.
Mediation allows for flexible solutions
and settlements. There is no jury in
mediation. The risk of a huge,
unwarranted award is greatly
reduced.
Mediation allows the opportunity
for parties to work together and
reach a settlement and continue to
work together.

5.  Since mediators came from various different fields and
backgrounds, good training will be helpful for them to
familiarize with mediation terms, procedure and many
more.
 To prepare themselves to face various types of different
situations that might happen in the future
 To get client’s confidence
 To practice neutrality
 Simulation training provides good experience the feel of a
real mediation process
ADVANTAGES OF HAVING GOOD
MEDIATION TRAINING

6. MODELS OF GOOD MEDIATION TRAINING
 In general, mediators have to pass some training modules to
be authorized to conduct mediation process.
 Some of the basic components of mediation training are
communication skills, standard and ethics and theories of
conflict.
 In Australia, the National Mediator Accreditation System
(NMAS) is a body established aiming to promote mediator’s
competency.
 Practice Standards laid out by NMAS consists of confidentiality,
knowledge, skills and ethical principles, ethical conduct and
professional relations, charging for services, procedural
fairness and impartiality, power and safety, provision of
information and promotion of services.

7.  Association for Conflict Resolution in the United States
focuses on requirements relating to minimum traits,
education, skills, training and demonstrated competencies
as well as experience.
 Society for Professionals Engaged in ADR (SDIR)
recommended that instead of assessing based on paper
credentials, training should be assessed by performance.
 For family mediation, mediators need to be aware of several
important issues namely domestic violence, child abuse,
power imbalance family dynamics, the effect of separation
and divorce on children as well as finance issues such as
pensions and property.

8. POSITION IN MALAYSIA
 Early times - parties would resolve their dispute through impartial
third party such as Imam or Penghulu.
Members of Judiciary
 Tun Eusoff Chin - backlogged cases in the courts can be cleared off
faster by the introduction of mediation
 Tun Ahmad Fairuz Sheikh Abdul Halim - settlement of disputes,
especially on civil matters are to go through the process of
mediation
 Tan Sri Abdul Gani Patail - mediation should be used as a number
one method to resolve civil disputes
Others
 Yasmeen Shariff - the stand of the legal association to have
compulsory mediation concept in the settlement of family dispute

9. Mediation Act 2012
 Objective
To promote and encourage mediation as a
method of ADR
Inapplicable on
a) Mediation carried out by judge, magistrate, or
any officer of the court
b) Mediation held by the Legal Aid Department
c) Dispute regarding matters specified in the
schedule

10.  The relevant provision on mediator is incorporated in
section 7 of the Mediation Act 2012
 However, the words used in the Act indicates the
vagueness in qualification and accreditation of a
mediator
 Thus, there is no consistency and uniformity in terms of
qualification and standard of mediators among
mediation bodies
MEDIATION TRAINING IN MALAYSIA

11. •The mediators appointed are
persons who are expert in their
profession and fields
Asian
International
Arbitration
Centre (AIAC)
The Constructions
Industry
Developments
Board (CIDB)
•Join a five-day mediation
course
•Pass two simulations acting as
mediator
•Provide assistance in role
playing parties in at least two
other simulations

12. CONCLUSION
Mediation Act 2012 is silent on the mediation
training for the mediators. This leads to the
development of numerous models of mediation
training. By having a good training design,
mediators can exert their full capabilities
effectively. It can be seen that training designs
are related to the accreditation and qualification
of mediators. Therefore, these training designs
are developed to ensure the finest quality of
mediators are produced