Courts should promote mediation to resolve legal disputes, says Azalina

The Star

21 hours ago

KUALA LUMPUR: Courts will be encouraged to promote mediation to resolve legal disputes, says Datuk Seri Azalina Othman Said ( pic ).
The Law and Institutional Reform Minister said that a newly revised Legal Aid and Public Defence Act 2025 will allow mediation as an alternative before taking cases to the courts.
'We are amending the Act and will also add public defence. We are moving to offering more access to justice for the masses.
'Alternate dispute resolution will be amended in the Mediation Act 2012.
"Currently, besides taking the cases to court, there are other alternatives such as adjudication and mediation.
'The amendment to the Legal Aid and Public Defence Act 2025 will enable mediation to happen before the cases are brought to the courts.
"We want to encourage mediation as this will also lower the costs for both parties," she told a press conference after launching the Asean Law Forum 2025 titled 'Enhancing Access to Justice in the Asean Economic Community: Bridging Legal Cooperation for Inclusive Growth in the Digital Age' here on Tuesday (Aug 19).
Azalina said she hoped issues of legal aid and public defenders would assist those in the rural areas.
"We hope that these amendments will make it easier for them.
"We have certain government agencies which provide mediation but mediators need to be certified,' she said.
The minister also said village committee members could be trained as mediators.
'This will enable access to justice. I hope next year's budget will have provisions for mobile courts,' said Azalina.
She said having alternative dispute resolutions would also assist businesses which may be reluctant to go to court for fear of their problems being in the public domain.
Earlier, in her speech, Azalina said mechanisms such as mediation and arbitration offer faster and more affordable outcomes, especially in commercial and civil matters.
'When supported by technology such as AI-assisted case management or online dispute platforms, alternative dispute resolutions can resolve conflicts swiftly while relieving pressure on the courts.
'In July last year, Malaysia strengthened its alternative dispute resolution framework with key amendments to the Arbitration Act 2005 and the Construction Industry Payment and Adjudication Act 2012, paving the way for the AIAC Court of Arbitration and streamlining processes in line with international best practices such as the United Nations Commission on International Trade Law (UNCITRAL) Model Law and the New York Convention.
'The new court will enhance impartiality, efficiency and cost-effectiveness," she said.
In addition to this, Azalina said the Government is reviewing the Mediation Act 2012 to enable Malaysia's ratification of the Singapore Convention, further reinforcing its commitment to making Malaysia a trusted hub for arbitration and mediation.
'Alongside this, we recognise the importance of legal representation for all.
"Soon, we will introduce the newly revised Legal Aid and Public Defence Act 2025, a vital step to ensure that no one is left behind in the pursuit of justice,' she said.