Mediation Act 2012 Part V — Conclusion of Mediation

s 12–s 14 · 3 sections

Conclusion of mediation

s 12

A mediation shall conclude— (a) upon the signing of a settlement agreement by the parties under section 13; (b) upon the issuance of a written declaration by a mediator to the parties stating that further efforts at mediation would not contribute to a satisfactory resolution of the dispute; (c) upon the issuance of a written declaration by the parties to a mediator stating that the mediation is terminated; or (d) unless otherwise provided by mediation agreement referred to in section 6— (i) upon the issuance of a written declaration by a party to the other party and the mediator stating that the mediation is terminated; (ii) upon the withdrawal from a mediation by any party; or (iii) upon the death of any party or incapacity of any party.

Settlement agreement

s 13

(1) Upon the conclusion of a mediation and the reaching of an agreement by the parties regarding a dispute, the parties shall enter into a settlement agreement. (2) The settlement agreement under subsection (1) shall be in writing and signed by the parties. (3) The mediator shall authenticate the settlement agreement and furnish a copy of the agreement to the parties.

Effect of settlement agreement

s 14

(1) A settlement agreement shall be binding on the parties. (2) If proceedings have been commenced in court, the settlement agreement may be recorded before the court as a consent judgment or judgment of the court.

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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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