Malaysia finally gets its mediation ‘treatise’

A team of four authors, led by professional and chartered engineer Harbans Singh, is behind 581-page book Practice and Procedure of Mediation

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Practice and Procedure of Mediation – Photo: Asia Samachar
By Asia Samachar Team | MALAYSIA |

A newly released book described as ‘treatise’ on mediation in Malaysia is set to become a standard reference material for people involved in the field.

A team of four authors, led by professional and chartered engineer Harbans Singh, is behind the 581-page Practice and Procedure of Mediation.

While there is a resurgence in mediation-related activities, sadly there is a paucity of material that can be used or referred to by practitioners or users, according to the authors in the preface, adding that local books and reference documents are rare.

In view of those limitations and challenges, the authors have put together a book that lays out the practice as well as the various procedures for both practitioners and users of the mediation process.

“Somehow, in the past, mediation never took off in Malaysia,” Harbans told Asia Samachar.

On the community front, Harbans said: “I’m keen on developing the community mediation. This will help the man in the street and the small players…Our cultures always emphasis on mutual benefit. Samjauthaa karro (go for settlement).”

In a foreword, Kuala Lumpur High Court justice Lim Chong Fong described the book – which Harbans co-authored with Samrith Kaur, Rammit Kaur and Louise Azmi – as the ‘first Malaysian treatise on mediation’.

In his many years of practice as a construction lawyer in dispute resolution, Lim described himself as a ‘sceptic’ of mediation but those views have ‘gradually changed over time’ after joining the Malaysian judiciary.

He said the book was timely as the local judiciary was presently committed to having as many suitable cases resolved via court-annexed mediation as possible to cope with, if not reduce, the ever increasing caseload.

To make the book handy, it carries a good spread of sample letters, agreements and checklists, backed with diagrams and flowcharts.

The book also discusses contemporary developments in mediation, including the Singapore Convention on Mediation 2019 to which Malaysia is a signatory.

Lim Chong Fong with (L-R) Louise Azmi, Samrith Kaur and Rammit Kaur – Photo: supplied

Harbans – a chartered arbitrator, mediator and adjudicator – is also co-author of Construction Law in Malaysia and The PAM Contract 2006 and contributor to The Malaysian Standard Precedents and Forms (Vol N).

Samrith is the managing partner of Kuala Lumpur-based law firm Messrs Samrith Sanjiv & Partners. She is arbitrator, mediator and adjudicator on the panel of Asian International Arbitration Centre (AIAC).

Rammit is a founding partner of a boutique consultancy firm providing a wide spectrum of services related to alternate dispute resolution (ADR). She was previously legal head at AIAC, earlier known as the Kuala Lumpur Regional Centre for Arbitration (KLRCA).

HOW TO PURCHASE: Title: Practice and Procedure of Mediation | Publisher: Thomson Reuters | Price: Duo (Handbook +ProView eBook) RM350.00; ProView eBook onlyRM279.00 | Tel:+603-51153000

Louise was called to to Bar of England and Wales in 2004 until she relocated to Malaysia in 2015. She’s now with Louise Azmi Chambers.

“We have tried to cover whole ambit of the mediation practice that one may encounter in real life,” said Harbans.

 

RELATED STORY:

Rammit Kaur speaks on arbitration at KL law conference (Asia Samachar, 27 April 2016)

Harbans’ second edition of engineering, construction contracts book (Asia Samachar, 1 May 2015)

 

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