My bookmarksSign up free

Mediation Act 2012 Part IV — Mediation process

s 9–s 11 · 3 sections

Role of mediator

s 9

(1) A mediator shall facilitate a mediation and determine the manner in which the mediation is to be conducted. (2) A mediator may assist the parties to reach a satisfactory resolution of the dispute and suggest options for the settlement of the dispute. (3) For the purposes of subsection (1), the mediator shall act independently and impartially.

Submission of statements to mediator

s 10

(1) A mediator may request each party to submit a statement setting out the brief facts of the dispute, supplemented by any documents that the party deems appropriate to submit. (2) At any stage of a mediation, a mediator may request any party to submit any additional information or document as the mediator deems appropriate.

Conduct of mediation

s 11

(1) A mediator shall ensure that a mediation is privately conducted and he may meet with the parties together or with each party separately. (2) Notwithstanding subsection (1)— (a) a non-party of any party’s choice may participate in a mediation to assist the party, subject to the consent of the mediator; and (b) a non-party of a mediator’s choice may participate in a mediation to assist the mediator during the mediation, subject to the consent of the parties. (3) A mediator may end the mediation if, in his opinion, further efforts at mediation would not contribute to a satisfactory resolution of the dispute between the parties.

Back to Mediation Act 2012 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Read the official text ↗

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).

What to look at next