News

“Mediation as a new trend in resolving disputes”

AHMAD IBRAHIM KULLIYYAH OF LAWS

16^TH OCTOBER 2019

 Alternative Dispute Resolution Research Unit (ADRU) and the Kulliyyah of Laws have successfully organised Alternative Dispute Resolution Symposium 1.0 with a theme “Mediation as a new trend in resolving disputes”. In line with the aim of the University to enhance Sustainable Development Goals on Peace and Justice. This symposium was organised with the objective to create and  enhance awareness of the community on the existence of mediation as an alternative mode of resolving disputes. The symposium had discussed the role of  mediation in  resolving disputes in 3 main areas, i.e:

1. Inter-religious disputes
2. Community Disputes
3. International Disputes

Prof. Dr. Farid Sufian, the Dean of Ahmad Ibrahim Kulliyyah of Laws in his welcoming remark emphasised that in mediation, the parties are able to speak for themselves and work together to find a lasting solution to their conflict.  Undoubtedly, it can assist the disputing parties to re-establish trust and respect and prevent damage to an ongoing relationship. At present, in Malaysia, mediation is applied to resolve various disputes, namely inter-religious disputes, community disputes, family disputes and others. Mediation is also adopted in the court system both in the syariah court  and also in the civil court.

Mediation is also extremely promoted at the international level, and this is evident with the recent signing of Singapore Mediation Convention. The Singapore Convention is primarily aimed at promoting mediation as an alternative and effective method of resolving commercial disputes.

In discussing mediation and interfaith conflict resolution, Prof. Dr Ainul Jaria emphasised that mediation create a safe space in which convictions and beliefs are not questioned. The process is structured to allow parties to reinterpret the practical implications of their beliefs themselves. The idea is to find and implement joint practical solutions to the parties’ conflict. Prof.Dr. Nora Abd Hak in discussing the role of mediation in resolving community disputes commented that more trained community mediators are needed in the society. The implementation should be more structured and public should be made aware on the availability of mediation as a  mechanism  to resolve disputes. Training the trainers seems to be significant in empowering mediation in the society.

Prof. Dr.Naqib Ishan Jahn in clarifying the role of mediation in settling international disputes states that mediation is one of the most common form of a third party intervention that can be utilised to assist parties to an international disputes to settle their controversies peacefully. It is non-coercive and voluntary form of conflict management that is really suited to the reality of international relations, where states guard their autonomy and independence quite jealously.

It is hoped that the symposium had achieved its objective to create and enhance awareness of the community on mediation and in the same vein promote its application.