July 21, 2016
PRACTICE DIRECTION NO. 4 OF 2016: PRACTICE DIRECTION ON MEDIATION
As stipulated under Order 34 Rule 2 of the Rules of Court 2012, the Chief Justice of Malaysia has directed that with effect from 15th July 2016, all Judges of the High Court and its Deputy Registrars and all Judges of the Sessions Court and Magistrates and their Assistant Registrars may, at pre-trial case management stage, give such directions that the parties facilitate the settlement of the matter before the court by way of mediation. Judges may encourage parties to settle their disputes at the pre-trial stage or at any stage, where prior to, or even after a trial has commenced.
This Practice Direction further provides for institutionalised mediation. Annexure B specifically states the procedures for the disputing parties to follow in institutional mediation under the auspices of the KLRCA. The KLRCA has a set of flexible rules for Mediation, which covers all aspects of the Mediation process to help parties resolve their domestic or international disputes, along with a panel of qualified mediators with varied expertise to facilitate the mediation process.
The Practice Direction is aimed at encouraging parties to use mediation to arrive at an amicable settlement before trial or appeal.
A copy of the Practice Direction is attached.
Datuk Professor Sundra Rajoo
Director of KLRCA