Search Results - Settlement (litigation)
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Resolution of family disputes: mediation vs. litigation
Published 2011“…In Malaysia, to encourage settlement of disputes through mediation including family disputes, the Bar Council established the Malaysian Mediation Centre (MCC) in 1999. …”
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The financial and legal implications of medical apologies in civil litigation
Published 2018“…In recent years, the role of apology in resolving conflicts and preventing litigation has gained much prominence. Particularly, in civil litigation, apology has the potential to promote negotiations, generate settlements and to some extent mitigate and absolve liability. …”
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Arbitration vs litigation: a study on the effectiveness of arbitration as compared to litigation particularly with regard to the process of settling disputes / Ilyani Noor Khuszair...
Published 2009“…This research is conducted to study the effectiveness of arbitration as compared to litigation particularly with regard of settling disputes. …”
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Medical negligence litigation in Malaysia: whither should we travel?
Published 2004“…Such methods can be seen to do away with the rigours of litigation and offer settlement through a fairer, cheaper and helpful approach. …”
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Toward a watershed in takaful dispute resolution: from litigation to effective dispute management
Published 2014“…This would allow for cost-effective settlements that will guarantee existing business relationship among the parties and prevent unnecessary bad publicity in a highly competitive global insurance industry.…”
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Least developed countries in the WTO dispute settlement system
Published 2013“…Upholding the significance of LDCs' participation it explores the challenges faced by LDCs at the pre-litigation, litigation and implementation stage emanating from power asymmetries, resource constraints and flawed DSS remedies. …”
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Alternatives to Settlement of Conflicts in Islamic Banking An Analytical Study
Published 2019“…Thus, there is a need for a way of settling these disputes, such as litigation, suit, and the consequence of that requires the presence of the litigant parties, and advocacy at the judiciary, and the requirement of evidence and witness and litigation cost etc. …”
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Matrimonial property division through philanthropic settlement / Noorul Huda Sahari ... [et al.]
Published 2015“…This study suggests that the mutual consent on proportion of asset by way of sulh to be widely practised when dealing with the division of matrimonial assets to promote harmonious settlement and to prevent a costly and lengthy litigation process. …”
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Matrimonial property division through philanthropic settlement / Noorul Huda Binti Sahari …[et al.]
Published 2015“…This study suggests that the mutual consent on proportion of asset by way of sulh to be widely practised when dealing with the division of matrimonial assets to promote harmonious settlement and to prevent a costly and lengthy litigation process. …”
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Settlement of Islamic finance disputes:The case of Malaysia and Saudi Arabia
Published 2012“…Some of the disputes are settled by resorting to litigation, while others are resorted to out-of-court settlements.Drawn from an ongoing research, this paper aims to highlight the cross-country analysis of the related dispute resolution frameworks between Malaysia and Saudi Arabia.The analysis is tackled along the lines of the background and the constitutional frameworks for each country, the respective dispute resolution structures, and analysis of selected cases on Islamic finance disputes.The paper concludes by describing the similarity and difference points of the dispute resolution of Islamic finance cases between the two countries, and also by suggesting directions for future research in this area.…”
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Dispute resolution in relation to delay of construction project
Published 2010“…In order to avoid the settlement of dispute via litigation, measures of dispute avoidance are proposed. …”
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Mediating medical negligence claims in Malaysia: an option for reform?
Published 2008“…Alternatives to the tort system have been advocated, particularly in employing various methods of alternative dispute resolution to reach a settlement between disputing parties. Such methods can be seen to do away with the rigours of litigation by offering settlement through a fairer, cheaper and more helpful approach. …”
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Penyelesaian kes kemalangan jalan raya menurut Undang-Undang Malaysia dan perundangan Islam: Kajian perbandingan / Shahidra Abdul Khalil
Published 2015“…The majority of negligence cases being adjudicated in the Malaysian courts are cases involving road accidents. The settlement process is being criticized by some analysts due to the fact that the litigation process is time consuming. …”
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Common disputes in oil and gas industry and the ADR process
Published 2017“…The parties in the oil and gas industry prefer to opt for alternative dispute resolution (ADR) processes rather than litigation. ADR refers to all means of dispute settlement other than litigation such as negotiation, mediation, adjudication, and arbitration. …”
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Mediation in the native courts of Sabah and Sarawak
Published 2014“…Mediation is an alternative dispute resolution mechanism process which is principally aimed at exploring options for amicable settlement of a dispute and to facilitate negotiations between the parties. …”
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Formulating a legal framework for the protection of medical apologies in civil dispute resolution process
Published 2019“…The role of apology in resolving conflicts and preventing litigation has gained much prominence. Particularly, in civil litigation, apology has the potential to promote negotiations, generate settlements, mitigate and absolve liability as it can be used as an effective tool at various stages during the civil dispute resolution process. …”
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Alternative dispute resolution: Law & practice
Published 2020“…Hence, an early involvement in the dispute settlement can lead to strengthening relationships and this builds teamwork besides encouraging open communication and cooperative problem-solving, resolves disagreements quickly and concentrates on win-win resolutions. …”
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Imbue problem-solving skills in law school curriculums to off-set adversarial ‘hired-gun’ mind-set
Published 2019“…The law school curriculum must stress on lawyers’ problem-solving (instead of problem-making) skills, i.e. emphasis on dispute settlement as opposed to litigation. The law students ought to be taught the basic concept of alternative dispute resolution at the earliest stage of their legal education. …”
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The role of Asian International Arbitration Centre (AIAC) as a regional hub for oil and gas sector
Published 2018“…ADR refers to all mechanisms of dispute settlement other than litigation such as negotiation, mediation, adjudication, and arbitration. …”
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