DAVIDYEK
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WHAT IS MEDIATION?

Mediation is not a legal binding ADR but a consensual approach to resolve dispute by appointing a third party as a mediator that only attempt to facilitate the disputed parties into adopting a win-win situation to move forward regardless of their legal positions.  Mediation as an ADR is provided in most local standard forms of contract for example the PAM Form and the CIDB Standard Form of Contract, now AIAC Standard form of Building Contract.

"Mr Yek had a very positive outlook throughout and his manner was engaging and helpful. He understood the mediation process, the evaluative aspect to mediation and the strength of reality checking." - RICS (2020)

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MEDIATION IN MALAYSIA

Mediation in Malaysia was established under the Malaysian Mediation Centre (MMC) in 1999, to promote mediation as a means of dispute resolution and to provide a proper avenue for successful dispute resolutions, currently under the auspice of the Malaysian Bar. The centre provides mediation services by trained mediators who have been accredited and appointed to the Panel of Mediators at MMC. Further enforced by the Mediation Act 2012 gazetted on 1 August 2012, to promote and encourage mediation as a method of alternative dispute resolution by providing for the process of mediation, thereby facilitating the parties in disputes to settle disputes in a fair, speedy and cost-effective manner and to provide for related matters.​

The Malaysian judiciary has also introduced Court-annexed Mediation since 2010 as an alternative mode to clear the backlog of cases. Unfortunately, many complain that mediation from these processes involved 'high handed' tactics to conclude a dispute often devoid of the rights of the parties. 

In addition, Asian International Arbitration Centre (AIAC) also provides mediation services and rules which allows the parties to choose their mediator or from its list of accredited mediators or failing which the Director of the Centre shall assist in the appointment of the mediator. 
MEDIATION ACT
MEDIATION RULES
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THE FUTURE IN MEDIATION

The United Nations Convention on International Settlement Agreements Resulting from Mediation was signed by 46 States yesterday at an official signing ceremony in Singapore.  To be known as the "Singapore Mediation Convention", the Convention is intended to facilitate the enforcement of settlement agreements that have been entered into with the assistance of mediation. This convention allows Mediation Settlement Agreement to be enforceable in the court of law. 
This Convention provides that:
  1. A settlement agreement may be enforced directly by the courts of a State;
  2. Where the assets are located such that execution may also be sought if the enforcement process is successful and
  3. Prevents potential multiple proceedings. 
The Convention will only apply where:
  1. The settlement agreement is in writing;
  2. Results from a mediation;
The Convention does not apply to settlement agreements: 
  1. Relating to consumer transactions nor to family, inheritance or employment law; 
  2. That have been approved by a court or concluded in the course of proceedings before a court and that are enforceable as a judgment in the State of that court; or
  3. That have been recorded and are enforceable as an arbitral award. 

Not every dispute has to be 'legal', it is sometimes better to negotiate and mediate on terms that can provide a 'win-win' situation to both parties. Ultimately, moving forward with the retention of good-wills and relationships are far better of compared to the 'zero-sum' approach of legal 'litigation', that in the ends only enrich the legal representatives...

OUR TERMS OF APPOINTMENT

Advantages

  • Greater Control
  • Private and Confidential
  • It is Voluntarily
  • Convenience
  •  Faster Outcome
  • Professional Support
  • Exclusion of Legal Representatives
  • Preservation of Relationship & Goodwill

Disadvantages

  • Non-legal binding
  • Settlement Agreement subject to enforcement
  • Could be expansive 
  • Legal rights are often ignored
  • May subject to 'high handed' approach by unprofessionally trained mediator
  • No guarantee of success and parties may not walk out with a resolution

MEDIATION PROCESS
MEDIATOR'S SKILL SET
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  • Home
  • About
    • Professional Registration
    • Qualifications
    • Engagements
    • Private Practice
    • SIF Fellows
  • Practice
    • Our Approach >
      • S:Scale [Artefacts]
      • M:Scale [Building]
      • L:Scale [Urban]
    • Large Projects >
      • Highrises >
        • SSM International School
        • JBio
        • UKIH
        • Vertigo Residency
        • Diorama
        • Resi-Hub
        • SunMed
        • Medini
        • Palmspring Damansara
        • Blink
      • Lowrises >
        • Data Center
        • Garden Homes
        • XIN
        • Albient
        • Hillcourt
    • Small Projects >
      • Rustic Raphsody
      • MCM >
        • Estate House
        • Uniform Annex
        • Kitchen Extension
        • Sixth Form Center
      • Putrajaya Boulevard >
        • LOO
        • BOO
        • DOO
        • 5 Elements Tower
      • Detached Houses >
        • Batu Residence
        • Malaqa Residence
        • ParkCity Residence
        • Sierramas Residence
      • Commercial >
        • Albion Club
        • QuanYuan
        • Nippon Go
    • Interior Designs >
      • Spartan Minimalism
      • Neo Retro
      • Reflective Modern
    • UBBL 1984
    • Newsletter
  • DYA + C
    • Our CV
    • Adjudication >
      • CIPAA Procedure >
        • Scope of CIPAA
    • Arbitration >
      • Appointment of Arbitrator >
        • Terms of Appointment >
          • Preliminary Meeting Agenda
      • PAM Arbitration Procedure
      • Arbitration Costs Breakdowns >
        • Drawdown
      • Award Writing Blog >
        • Expert Evidence in Arbitration
    • Mediation >
      • Appointment of Mediator
      • Mediation Process
      • Skill Set Lev 01 & 02
    • Expert Determination >
      • Expert Rules - PAM
      • Expert Determination Processes
    • Building Inspection Services
    • Courses & Training >
      • Contract Administration
    • ADR & Construction Law
  • Consultant
    • QuanYuan 泉緣 Story
    • Review
    • QuanYuan >
      • Why QuanYuan?
      • Modus Operandi
      • Consultancy Services
    • Our Lineage
    • Workshop >
      • Teacher's Profiles
      • Message
      • SanYuan 01 - Introduction
      • Community
      • Registration of Interest
    • QiMen DunJia 奇門遁甲 >
      • QMDJ - Shifting Palace
    • Audit & Cases >
      • Cases - REA Hotel
      • Cases - Childless Couple
      • Cases - Childless Couple 02
    • Yifengshui
    • Newsletter >
      • MBS FengShui Reinvestigated
    • FAQ
    • E-Store
  • Educator
    • Author I am...
    • Speaking Engagement >
      • International Contract
      • PAM cpd UNLIMITED 2.0
      • Arch Edu Practice Paper - 3Ds Pedagogy
    • Attempting Law School
    • Journey in USM(Arch) >
      • Thesis >
        • Site Analysis
        • Urban Design Approach
        • Sketch Design
        • Model Based Paradigm
        • Technical Studies
      • Studio 01
      • Studio 02
    • Discourse in Studio 6 >
      • Ideation
      • The Production Model >
        • The Actors
        • The Stage
        • Urban Mass
        • The Box
        • The Play
        • The Break
        • The Newsletter
        • The Document
        • The Presentation
    • d:KON 4 >
      • Actors >
        • Chua LiCheng
        • Ng KenHong
        • Sean Tan
        • Peggy Chai
        • Elliotte Teoh
        • Vincent Tow
        • TzeLer
        • Elaine
        • Ng SongChun
        • Carissa Foong
        • Ng WeiMun
        • Ng ChenYin
        • Nicol Ong
        • Adron Liang
        • Ivan Sung
        • Lau HuiJew
      • Acts >
        • Portraiture
        • A Slice of Space Time
        • Box of Installation of Lights
        • Radio Misreading
        • Grid of Destinies
        • Shelter
        • Anatomy of Pain
        • Tensigrity of Ego
        • Of Prisons and Walls
        • Forest of Nails
        • Curtain of Fears
        • Dissolution of the Ego
        • If it's Ain't Broken it's Ain't Worth Mending
        • Flight of Freedom
        • Cross of Complexity and Contradiction
        • interrogation
      • Stage >
        • Soap Box
      • Play
      • Approach
      • Galleria >
        • Martial Gallery
        • Drive Through Gallery
        • Clinique Gallery
        • Cafe Gallery
        • MACC Gallery
        • Haunted Gallery
        • Backpacker Hotel
        • Audio Bookshop Gallery
        • Funeral Parlour
        • Extreme Game Gallery
        • Play Ground
        • Wedding Gallery
        • Meditation Gallery
        • Water Tower
        • Photography Studio
        • Chapel Gallery
    • External Critique >
      • Discourse in Sem 06
      • Discourse in Sem 05 >
        • The Site - KB
        • The Rectilinear
        • The Paired Kidneys
        • The Boat
        • The Decepticon
        • The Curvature
      • EnviroDesign MasterClass 2015
    • Philosophy
    • Codes Regulations & Standards >
      • Building Codes
      • Fire Codes
      • QAQC & Building Inspection
      • Critics
  • Photo Essays
    • Shanghai
    • Siemreap
  • Contact