Alternative forms of dispute resolution
Litigating disputes in the ordinary courts of law is costly, time-consuming with unpredictable outcome and above all, the ‘winner takes all’ and this, inevitably, would damage irreparably the relationships between the disputants. In the administration of justice, the courts are often busy...
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| Main Author: | |
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| Format: | Book Chapter |
| Language: | English |
| Published: |
Malaysian Current Law Journal
2014
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/40392/13/40392.pdf http://irep.iium.edu.my/40392/ |
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| Summary: | Litigating disputes in the ordinary courts of law is
costly, time-consuming with unpredictable
outcome and above all, the ‘winner takes all’ and
this, inevitably, would damage irreparably the
relationships between the disputants. In the administration of justice, the courts are often busy
with an accumulated backlog of cases. The undue
delay affects the disputants tremendously in terms
of reputation, time and costs. There has been
dissatisfaction expressed by the public for the
inordinate and inexcusable delay in the disposal
of cases in the courts in Malaysian and often blame
has been leveled against the courts, when in fact
there are other factors that have equally
contributed to the delay. Lengthy and convoluted
court procedures have been identified as the main
reason for the delay in the disposal of cases in the
courts. These are apart from the shortage of
manpower in courts and unnecessary requests for
adjournment among others. Hence, this chapter
highlights firstly the constrains of the traditional
mode of dispute settlement, and thereafter discusses
the alternative modes of dispute resolutions with
special reference to mediation and arbitration. |
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