Latest news with #MediationAct2012
The Star
6 hours ago
- Business
- The Star
New law encourages mediation in disputes
KUALA LUMPUR: Courts will be encouraged to promote mediation as an alternative to resolve legal disputes, says Datuk Seri Azalina Othman Said. The Law and Institutional Reform Minister said this will be through the newly-revised Legal Aid and Public Defence Act 2025 and the amendment to the Mediation Act 2012. 'Currently, besides taking cases to court, there are other alternatives such as adjudication and mediation. 'With the amendments, we are offering more access to justice for the masses. We want to encourage mediation as this will also lower the costs for both parties. 'We also hope that these amendments will make it easier for rural folk,' she said at a media conference after launching the Asean Law Forum 2025 here yesterday. 'We have certain government agencies which provide mediation, but mediators need to be certified,' Azalina said, adding that even village committee members could be trained as mediators. She also expressed hope that next year's Budget will have provisions for mobile courts. She added that having alternative dispute resolutions would assist businesses that do not wish to highlight their problems in public. Earlier, in her speech, Azalina said that mechanisms such as mediation and arbitration offer faster, more affordable outcomes, especially in commercial and civil matters. 'When supported by technology, like AI-assisted case management or online dispute platforms, alternative dispute resolutions can resolve conflicts swiftly while relieving pressure on the courts.' She said in July 2024, Malaysia strengthened its alternative dispute resolution framework with key amendments to the Arbitration Act 2005 and the Construction Industry Payment and Adjudication Act 2012. 'This paved 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. 'In addition to this, we are also reviewing the Mediation Act 2012 to enable Malaysia's ratification of the Singapore Convention, further reinforcing our commitment to making Malaysia a trusted hub for arbitration and mediation.'
The Star
a day ago
- Business
- The Star
Courts should promote mediation to resolve legal disputes, says Azalina
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.
Malaysian Reserve
19-05-2025
- Business
- Malaysian Reserve
Azalina: Malaysia-Japan continue to strengthen legal cooperation in the field of arbitration
TOKYO — The Asian International Arbitration Centre (AIAC) and the Japan Commercial Arbitration Association (JCAA) have signed a Memorandum of Understanding (MoU) to strengthen legal cooperation in the field of arbitration, according to the Legal Affairs Division of the Prime Minister's Department (BHEUU). BHEUU, in a statement, informed that the signing of the MoU was witnessed by Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said during a high-impact official working visit to Japan for three days starting from May 15. The signing of the MoU, among other things, formalises cooperation in the areas of commercial arbitration, capacity building, and joint training initiatives between AIAC and JCAA, which will be further strengthened at the ministerial level during the Special Malaysia-Japan Dialogue on Legal Cooperation next August. 'This dialogue, which brings together several government-recognised arbitration institutions from both countries, aims to create deeper cooperation in the MADANI Government's efforts to translate the outcomes of the dialogue into actual implementation,' the statement said here last night. Azalina was quoted in the statement as saying that Malaysia and Japan agree that the real success in legal cooperation is determined through action. She said that through knowledge sharing within institutions, Malaysia is moving towards creating a regional legal ecosystem that supports the commercial sector, enhances investor confidence, and promotes sustainable regional development to serve the people and regional economic development. 'Malaysia and Japan have deep bilateral ties, especially in legal cooperation. In conjunction with Malaysia's ASEAN chairmanship in 2025, this visit reflects Malaysia's continued commitment to strengthen legal institutions that support sustainable development and regional integration,' she said. BHEUU informed that the visit also demonstrated the international community's confidence and recognition regarding Malaysia's legal and institutional reform agenda, as Azalina was invited to present Malaysia's comprehensive legal reform agenda, which garnered interest from stakeholders in Japan. Among the matters presented were the Drafting of the Online Safety Act (2024), Amendments to the Arbitration Act (2024), Amendments to the Mediation Act 2012, Ratification of the Singapore Convention on Mediation, Reinstatement of the Parliamentary Services Act (2025), and efforts to implement the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency. The statement also informed that the Malaysian delegation discussed the MADANI Government's plan to establish a Special Mediation Task Force, with an emphasis on mediation as a core for dispute resolution, improving access to justice, reducing the burden of litigation, and providing cost-effective alternatives. 'Discussions with the Japan International Mediation Center (JIMC) in Kyoto and a visit to the Faculty of Law at Doshisha University further reinforced this strategic priority,' the statement said. The strategic mission to Japan builds on the momentum of broader ASEAN-Malaysia legal diplomacy efforts, as a continuation of Azalina's recent visits to Indonesia, Thailand, Cambodia, and Vietnam. In addition, Azalina held a bilateral meeting with the Japanese Minister of Justice, Keisuke Suzuki, where both sides discussed shared priorities, including the legal reform agenda, digitalisation of the justice system, and capacity building in alternative dispute resolution (ADR) mechanisms. She also met several key Japanese legal and parliamentary figures, legal practitioners, and arbitration experts to strengthen Malaysia's ties with Japan, especially in the areas of law and justice. 'This mission marks an important step towards translating shared commitments into effective implementation, strengthening mutual trust, and laying the foundation for a resilient and future-ready legal architecture across the region,' the statement said. — BERNAMA
