Court-annexed mediation in Malaysia: prospect and challenges

• Main Authors: Drs Nasrul, Muhammad Amrullah, Md Said, Muhamad Helmi, Mohd Alam Shah, Nurin Athirah
• Format: Conference or Workshop Item
• Language: English
• Published: ISGaIF IBS UUM 2022
• Subjects: K623 Civil Law
• Online Access: http://irep.iium.edu.my/104191/3/104191_Court-annexed%20mediation%20in%20Malaysia_Prpspect%20and%20Challenges.pdf; http://irep.iium.edu.my/104191/; https://submit.confbay.com/download/IBMC_2022_E_Proceeding_IBMC_2022_trOl2gQn1M.pdf#page=303

There are three administrative bodies in Malaysia namely Civil High Court, Estate Distribution Division, and Amanah Raya Berhad (ARB). The Civil High Court is one of the administrative bodies where heirs will go if they want their estate falls within the the ambit of the jurisdiction of the court. . However during the hearing, disputes or disagreements, apart from those legal issues being heard at the court could arise. Since these problems are not being addressed at the court yet possess the potential to disrupt the estate management process, the parties' lawyers or even judges will suggest mediation as an effective solution. This is where Mediation Centre in Civil High Court takes place. In reality, despite the fact that this settlement mechanism has been active for a while, are unknown to the public. Therefore, the objective of this study is to provide a general overview of the Mediation Centre in Civil High Court and to evaluate any potential implications it might have in comparison to other administrative bodies towards attaining financial and social wellbeing in relation to inheritance management. This study adopts a library-based research on the pertinent materials, including but not limited to statutory provisions, case laws, textbooks, journal articles, newspapers, conference proceedings, and seminar papers, where the researcher applies a qualitative approach.. The findings from this study show that the mediation centre actually offers a variety of advantages, which therefore requires for its existence to be made known since many people are still unaware of this centre. The spreading of such information could also bolster the confidence of others