Mediation Act 2012 Part III — Mediator

s 7–s 8 · 2 sections

Appointment of mediator

s 7

(1) The parties shall appoint a mediator to assist them in the mediation. (2) A mediator appointed under this Part shall— (a) possess the relevant qualifications, special knowledge or experience in mediation through training or formal tertiary education; or (b) satisfy the requirements of an institution in relation to a mediator. (3) The parties may request for assistance from the institution to appoint a mediator or mediators on their behalf. (4) The appointment of a mediator under subsection (1) shall be made by way of a mediation agreement under section 6 and there shall be one mediator for a mediation unless the parties agree otherwise. (5) If there is more than one mediator, the mediators shall act jointly in the mediation. (6) No appointment of any mediator shall be valid except with the prior written consent of the mediator. (7) A mediator appointed under this Part shall disclose, before accepting the appointment, any known facts that a reasonable person would consider likely to affect his impartiality as mediator, including a financial or personal interest in the outcome of the mediation. (8) The mediator may be paid a fee or given any other consideration as agreed between the parties.

Termination of appointment of mediator

s 8

(1) If a mediator appointed under this Part— (a) no longer possesses the relevant qualifications, special knowledge or experience in mediation as required under paragraph 7(2)(a); (b) no longer satisfies the requirement of an institution in relation to a mediator as required under paragraph 7(2)(b); (c) is found to have financial or personal interest in the dispute; (d) is found to have obtained his appointment by way of fraud; or (e) is unable to serve as a mediator for the mediation, the parties may terminate the appointment of the mediator and appoint another mediator for the mediation or request the institution to appoint another mediator. (2) Notwithstanding subsection (1), the parties may terminate the appointment of a mediator for any reason and shall inform the mediator the reason for the termination.

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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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