Short title and commencement
s 1
(1) This Act may be cited as the Mediation Act 2012. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Mediation Act 2012 Part I — Preliminary
Non-application
s 2
This Act shall not apply to— (a) any dispute regarding matters specified in the Schedule; (b) any mediation conducted by a judge, magistrate or officer of the court pursuant to any civil action that has been filed in court; and (c) any mediation conducted by the Legal Aid Department.
Interpretation
s 3
In this Act, unless the context otherwise requires— “non-party” means a person who participates in a mediation, other than a party or mediator, and includes counsels of each party, experts in the subject matter of a dispute and witnesses; “institution” means a body or organization that provides mediation services; “mediation communication” means an oral or written statement made— (a) during a mediation; (b) in relation to a mediation; or (c) for the purposes of considering, conducting, participating in, commencing, continuing, reconvening or concluding a mediation or retaining a mediator; “Minister” means the Minister charged with the responsibility for legal affairs; “mediator” means a mediator appointed by the parties under section 7; “mediation” means a voluntary process in which a mediator facilitates communication and negotiation between parties to assist the parties in reaching an agreement regarding a dispute; “mediation agreement” means the agreement referred to in section 6; “settlement agreement” means the agreement referred to in section 13; “party” means a party to a mediation agreement and includes the Federal Government and a State Government; “proceedings” means any proceedings of a civil nature and includes an application at any stage of proceedings.
Mediation does not prevent court action, arbitration, etc.
s 4
(1) Subject to section 2, any person may, before commencing any civil action in court or arbitration, initiate mediation. (2) A mediation under this Act shall not prevent the commencement of any civil action in court or arbitration nor shall it act as a stay of, or extension of any proceedings, if the proceedings have been commenced.
Back to Mediation Act 2012 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
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