Mediation: standards of conduct
In conducting an effective mediation, the standards of conduct of mediators in the process, inter alia, play a pivotal role. In Malaysia, the Mediation Act 2012 (‘Act’) was enacted with the intention to: “promote and encourage mediation as a method of alternative dispute resolution by providing for...
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| Format: | Book Chapter |
| Language: | English |
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CLJ Publication
2020
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/78606/ http://irep.iium.edu.my/78606/1/78606_Mediation%20Standards%20of%20conduct%20-C9.pdf |
| _version_ | 1848788635349942272 |
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| author | Ahmad, Muhamad Hassan Eishan Jan, Mohammad Naqib Nafees, Seeni Mohamed |
| author_facet | Ahmad, Muhamad Hassan Eishan Jan, Mohammad Naqib Nafees, Seeni Mohamed |
| author_sort | Ahmad, Muhamad Hassan |
| building | IIUM Repository |
| collection | Online Access |
| description | In conducting an effective mediation, the standards of conduct of mediators in the process, inter alia, play a pivotal role. In Malaysia, the Mediation Act 2012 (‘Act’) was enacted with the intention to: “promote and encourage mediation as a method of alternative dispute resolution by providing for the process of mediation, thereby facilitating the parties in disputes to settle disputes in a fair, speedy and cost-effective manner and to provide for related matters”. The Act defines ‘mediation’ as: “a voluntary process in which a mediator facilitates communication and negotiation between parties to assist the parties in reaching an agreement regarding a dispute”. It provides some standards of conduct for mediators but these standards are not sufficient. Therefore, the standards of conduct for mediators prepared by the American Arbitration Association (AAA); the American Bar Association’s Section of Dispute Resolution (ABA); the Association for Conflict Resolution (ACR), i.e., the Model Standards of Conduct for Mediators 2005; and standards of conduct for mediators adopted by the New Jersey Supreme Court, i.e., Standards of Conduct for Mediators in Court-Connected Programs 2000; are also discussed in an extensive manner in this chapter. Basically, there are some well-known standards of conduct for mediators such as self-determination; competence; confidentiality; impartiality; conflicts of interest; quality of the process; fees for service; advertising and solicitation; and advancement of mediation practice. |
| first_indexed | 2025-11-14T17:43:57Z |
| format | Book Chapter |
| id | iium-78606 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T17:43:57Z |
| publishDate | 2020 |
| publisher | CLJ Publication |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-786062023-05-02T07:41:20Z http://irep.iium.edu.my/78606/ Mediation: standards of conduct Ahmad, Muhamad Hassan Eishan Jan, Mohammad Naqib Nafees, Seeni Mohamed K Law (General) In conducting an effective mediation, the standards of conduct of mediators in the process, inter alia, play a pivotal role. In Malaysia, the Mediation Act 2012 (‘Act’) was enacted with the intention to: “promote and encourage mediation as a method of alternative dispute resolution by providing for the process of mediation, thereby facilitating the parties in disputes to settle disputes in a fair, speedy and cost-effective manner and to provide for related matters”. The Act defines ‘mediation’ as: “a voluntary process in which a mediator facilitates communication and negotiation between parties to assist the parties in reaching an agreement regarding a dispute”. It provides some standards of conduct for mediators but these standards are not sufficient. Therefore, the standards of conduct for mediators prepared by the American Arbitration Association (AAA); the American Bar Association’s Section of Dispute Resolution (ABA); the Association for Conflict Resolution (ACR), i.e., the Model Standards of Conduct for Mediators 2005; and standards of conduct for mediators adopted by the New Jersey Supreme Court, i.e., Standards of Conduct for Mediators in Court-Connected Programs 2000; are also discussed in an extensive manner in this chapter. Basically, there are some well-known standards of conduct for mediators such as self-determination; competence; confidentiality; impartiality; conflicts of interest; quality of the process; fees for service; advertising and solicitation; and advancement of mediation practice. CLJ Publication 2020-01-20 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/78606/1/78606_Mediation%20Standards%20of%20conduct%20-C9.pdf Ahmad, Muhamad Hassan and Eishan Jan, Mohammad Naqib and Nafees, Seeni Mohamed (2020) Mediation: standards of conduct. In: Alternative dispute resolution: law & practice. CLJ Publication, Kuala Lumpur, pp. 183-198. ISBN 978-967-457-144-3 https://www.cljlaw.com/?page=bookcatalog&mode=desktop |
| spellingShingle | K Law (General) Ahmad, Muhamad Hassan Eishan Jan, Mohammad Naqib Nafees, Seeni Mohamed Mediation: standards of conduct |
| title | Mediation: standards of conduct |
| title_full | Mediation: standards of conduct |
| title_fullStr | Mediation: standards of conduct |
| title_full_unstemmed | Mediation: standards of conduct |
| title_short | Mediation: standards of conduct |
| title_sort | mediation: standards of conduct |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/78606/ http://irep.iium.edu.my/78606/ http://irep.iium.edu.my/78606/1/78606_Mediation%20Standards%20of%20conduct%20-C9.pdf |