Mediation: definition, origins and processes

• Main Author: Mohamed, Nurah Sabahiah
• Format: Book Chapter
• Language: English
• Published: The Malaysian Current Law Journal 2020
• Subjects: HN Social history and conditions. Social problems. Social reform
• Online Access: http://irep.iium.edu.my/92258/1/92258_Mediation%20definition%2C%20origins%20and%20processes.pdf; http://irep.iium.edu.my/92258/

The chapter will discuss the definition, origin and the processes of mediation. The traditional and modern concept of mediation and its development will be traced. It is no doubt that traditional societies recognised and practised negotiation and mediation to resolve disputes, however the practice has not been structured and institutionalised. The modern concept of mediation started in the United States, developed further and expanded globally. This chapter will also emphasise on the application of negotiation and mediation by Malaysian traditional communities and the aptness of its application in the presence of todays's community. The discussion will further explore the processes of modern mediation, its stages and flexible procedures