MEDIATION: PRACTICE IN THE CORPORATE WORLD

Nur Khalidah Dahlan,Ramalinggam Rajamanickam,Muhamad Helmi Md Said

doi:10.32890/uumjls2021.12.1.3

Nur Khalidah Dahlan, Ramalinggam Rajamanickam + Show 1 more

Open Access

https://doi.org/10.32890/uumjls2021.12.1.3

Copy DOI

Abstract

The relationship between parties in corporate world is essential in order to addressing business disagreements. Where it is focusing on the language of business contract per se. Despite various dispute solutions and legal provisions on corporate, company and shareholder rights, all the parties concern are still facing some challenges. Mediation method is one of the alternative dispute resolutions for those who seeks justice without undergo the court proceeding. It is a swift and inexpensive form of dispute resolution. Mediator’s role is to facilitate the disputing parties, and utilizes both joint and private sessions to assist them to achieve consensus. In view of the economic interest, and with a vision to maintain their business relation, a private settlement is preferred between them. This study is using the doctrinal and comparative research methods. In which, this study is comparing the pertinent literature on jurisdiction of the court and Mediation Bodies in terms of Corporate / Company / Shareholders. The discoveries of this study are vital in describing the pros and cons of mediation practices and how it reflects justice to the Malaysian society.

Highlights

The concept of mediation is as very old as it is new
Chandran (2010) mediation is said to be a form of Alternative Dispute Resolution (ADR) in which the decision to resort to the same rests entirely on the parties
This paper focuses on mediation with the focus on corporate/company/ shareholders

Summary

Introduction

The concept of mediation is as very old as it is new. It is old because in the early days the concept of mediation was practiced by our ancestors via their elders and penghulus Order 34 rule 2(2) (a) provides that the Court may order or direct the parties to resort to mediation as a means of settling their dispute during pre-trial case management. Order 59 rule 8 (c) gives the court discretion to decide the costs by taking into account the conduct of the parties to settle the dispute amicably by others by way of mediation.

Results

Conclusion