Alternative forms of dispute resolution
Litigating disputes in the ordinary courts of law is costly, time-consuming with unpredictable outcome and above all, the ‘winner takes all’ and this, inevitably, would damage irreparably the relationships between the disputants. In the administration of justice, the courts are often busy...
| Main Author: | |
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| Format: | Book Chapter |
| Language: | English |
| Published: |
Malaysian Current Law Journal
2014
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/40392/ http://irep.iium.edu.my/40392/13/40392.pdf |
| _version_ | 1848781947061403648 |
|---|---|
| author | Ali Mohamed, Ashgar Ali |
| author_facet | Ali Mohamed, Ashgar Ali |
| author_sort | Ali Mohamed, Ashgar Ali |
| building | IIUM Repository |
| collection | Online Access |
| description | Litigating disputes in the ordinary courts of law is
costly, time-consuming with unpredictable
outcome and above all, the ‘winner takes all’ and
this, inevitably, would damage irreparably the
relationships between the disputants. In the administration of justice, the courts are often busy
with an accumulated backlog of cases. The undue
delay affects the disputants tremendously in terms
of reputation, time and costs. There has been
dissatisfaction expressed by the public for the
inordinate and inexcusable delay in the disposal
of cases in the courts in Malaysian and often blame
has been leveled against the courts, when in fact
there are other factors that have equally
contributed to the delay. Lengthy and convoluted
court procedures have been identified as the main
reason for the delay in the disposal of cases in the
courts. These are apart from the shortage of
manpower in courts and unnecessary requests for
adjournment among others. Hence, this chapter
highlights firstly the constrains of the traditional
mode of dispute settlement, and thereafter discusses
the alternative modes of dispute resolutions with
special reference to mediation and arbitration. |
| first_indexed | 2025-11-14T15:57:39Z |
| format | Book Chapter |
| id | iium-40392 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T15:57:39Z |
| publishDate | 2014 |
| publisher | Malaysian Current Law Journal |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-403922015-04-08T06:45:47Z http://irep.iium.edu.my/40392/ Alternative forms of dispute resolution Ali Mohamed, Ashgar Ali K Law (General) Litigating disputes in the ordinary courts of law is costly, time-consuming with unpredictable outcome and above all, the ‘winner takes all’ and this, inevitably, would damage irreparably the relationships between the disputants. In the administration of justice, the courts are often busy with an accumulated backlog of cases. The undue delay affects the disputants tremendously in terms of reputation, time and costs. There has been dissatisfaction expressed by the public for the inordinate and inexcusable delay in the disposal of cases in the courts in Malaysian and often blame has been leveled against the courts, when in fact there are other factors that have equally contributed to the delay. Lengthy and convoluted court procedures have been identified as the main reason for the delay in the disposal of cases in the courts. These are apart from the shortage of manpower in courts and unnecessary requests for adjournment among others. Hence, this chapter highlights firstly the constrains of the traditional mode of dispute settlement, and thereafter discusses the alternative modes of dispute resolutions with special reference to mediation and arbitration. Malaysian Current Law Journal 2014 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/40392/13/40392.pdf Ali Mohamed, Ashgar Ali (2014) Alternative forms of dispute resolution. In: Malaysian Legal System. Malaysian Current Law Journal, Kuala Lumpur, pp. 641-674. ISBN 9789670748719 |
| spellingShingle | K Law (General) Ali Mohamed, Ashgar Ali Alternative forms of dispute resolution |
| title | Alternative forms of dispute resolution |
| title_full | Alternative forms of dispute resolution |
| title_fullStr | Alternative forms of dispute resolution |
| title_full_unstemmed | Alternative forms of dispute resolution |
| title_short | Alternative forms of dispute resolution |
| title_sort | alternative forms of dispute resolution |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/40392/ http://irep.iium.edu.my/40392/13/40392.pdf |