Developing a model for pre-action dispute resolution for strata dispute management in Malaysia
The Malaysian government has finally announced for the implementation of Strata Management Act 2013 with the aims to cater disputes in the management of strata titled properties. Among the most important aspect of the Act is to introduce Strata Management Tribunal as a platform to resolve disputes a...
| Main Author: | |
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| Format: | Proceeding Paper |
| Language: | English |
| Published: |
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/49147/ http://irep.iium.edu.my/49147/1/49147.pdf |
| _version_ | 1848783409180049408 |
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| author | Mohamad, Nor Asiah |
| author_facet | Mohamad, Nor Asiah |
| author_sort | Mohamad, Nor Asiah |
| building | IIUM Repository |
| collection | Online Access |
| description | The Malaysian government has finally announced for the implementation of Strata Management Act 2013 with the aims to cater disputes in the management of strata titled properties. Among the most important aspect of the Act is to introduce Strata Management Tribunal as a platform to resolve disputes among the strata owners and all stakeholders in relation to strata management and maintenance. This research addresses the period prior to the adjudication process by the Tribunal and proposes a model for early dispute resolution before the hearing. The author argues that early dispute resolution or early conflict engagement is necessary despite the establishment of Strata Management Tribunal to address non-technical issues, which involve restoration of social relationship. The author highlights the practice of other jurisdiction, for example, Victoria, Australia as well Hong Kong. The findings of the research show that Alternative Dispute Resolution (ADR) methods such as mediation or conciliation are suitable to be adopted within and outside Tribunal process. |
| first_indexed | 2025-11-14T16:20:53Z |
| format | Proceeding Paper |
| id | iium-49147 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T16:20:53Z |
| publishDate | 2015 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-491472019-12-03T00:13:56Z http://irep.iium.edu.my/49147/ Developing a model for pre-action dispute resolution for strata dispute management in Malaysia Mohamad, Nor Asiah KPG Malaysia The Malaysian government has finally announced for the implementation of Strata Management Act 2013 with the aims to cater disputes in the management of strata titled properties. Among the most important aspect of the Act is to introduce Strata Management Tribunal as a platform to resolve disputes among the strata owners and all stakeholders in relation to strata management and maintenance. This research addresses the period prior to the adjudication process by the Tribunal and proposes a model for early dispute resolution before the hearing. The author argues that early dispute resolution or early conflict engagement is necessary despite the establishment of Strata Management Tribunal to address non-technical issues, which involve restoration of social relationship. The author highlights the practice of other jurisdiction, for example, Victoria, Australia as well Hong Kong. The findings of the research show that Alternative Dispute Resolution (ADR) methods such as mediation or conciliation are suitable to be adopted within and outside Tribunal process. 2015 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/49147/1/49147.pdf Mohamad, Nor Asiah (2015) Developing a model for pre-action dispute resolution for strata dispute management in Malaysia. In: The 8th UUM International Legal Conference 2015, 25th -26th Aug. 2015, Bandung, Indonesia. http://lawconference.uum.edu.my/ |
| spellingShingle | KPG Malaysia Mohamad, Nor Asiah Developing a model for pre-action dispute resolution for strata dispute management in Malaysia |
| title | Developing a model for pre-action dispute resolution for strata dispute management in Malaysia |
| title_full | Developing a model for pre-action dispute resolution for strata dispute management in Malaysia |
| title_fullStr | Developing a model for pre-action dispute resolution for strata dispute management in Malaysia |
| title_full_unstemmed | Developing a model for pre-action dispute resolution for strata dispute management in Malaysia |
| title_short | Developing a model for pre-action dispute resolution for strata dispute management in Malaysia |
| title_sort | developing a model for pre-action dispute resolution for strata dispute management in malaysia |
| topic | KPG Malaysia |
| url | http://irep.iium.edu.my/49147/ http://irep.iium.edu.my/49147/ http://irep.iium.edu.my/49147/1/49147.pdf |