Mediating a settlement

> This is a simpler, alternative way to resolve a dispute amicably rather than fighting it out in court

BORAK-BORAK

WHEN I got an invitation from the Penang Council of Justices of the Peace (JPs) for a workshop on Alternative Dispute Resolution (ADR) recently, thoughts of Janji Puas (sure to be satisfied) and Awesome Delicious Recipes leapt to mind!

Well, you just can’t help but think of food when it comes to Penang. Sadly, food was not a factor here although the workshop offered much food for thought.

As explained by the council’s honorary secretary, Datuk Ong Seng Huat – once described by one-time Penang strongman Tun Dr Lim Chong Eu as a social activist – it introduces less painful ways to help resolve complicated disputes.

To reflect the council’s seriousness on the matter, it invited no less than the state’s Yang Dipertua Negeri, Tun Abdul Rahman Abbas, to officiate the workshop.

The council’s mediation bureau wants to help reduce the huge backlog of cases in the local courts for minor disputes.

It has trained many interested individuals, both in the legal profession and outside, on this useful subject so that they can provide services, free of charge!

At the end of the day, the disputing parties, upon settlement, would still have to go to the courts to acknowledge their resolution. But at least this is an easier route.

Datuk Prof Sundra Rajoo, director of the Kuala Lumpur Regional Centre for Arbitration, reveals that the simplicity of mediation makes it attractive.

The settlement-focused approach also gives a win-win solution to both parties.

Mediation comes in useful when one wants an early and quick resolution. Or when disputing parties still want to maintain their relationships.

It is also desirable when both parties want to avoid adverse publicity and animosity in an open court, says Sundra.

Mediation is also useful when the parties involved are located far apart, or when complex practical problems far outweigh the legal problems, or when they cannot agree on the evaluation of the merits of the dispute.

A good mediator must be able to display ethical and credible qualities, besides having the empathy or ability to understand another person and see things from the person’s position.

One has to also have logic and talent of persuasion and presentation of ideas, says lawyer Samrith Kaur.

That philosophical approach created and advocated by ancient Greeks is still applicable to mediation practices today, she adds. So old is still gold!

Community mediation generally focuses on neighbourhood conflicts, with trained volunteers serving as mediators to help those who can’t afford to go through the court process, or professional ADR-providers.

This is especially useful in disputes between neighbours, landlords and tenants, and small businesses.

I heard something all too familiar when we were told that issues such as leaves falling across a neighbour’s driveway, or a pet with poor toilet manners, can rile up people a great deal.

Lawyer Rammit Kaur says mediation has grown rapidly in certain countries in the last 40 years, as it offers constructive, alternative processes to avoid violence, destructive confrontation, or prolonged litigation.

It also gives people engaged in a conflict an opportunity to take responsibility for resolving their dispute and controlling the outcome.

Various systems in my thick skull were lighting up, telling me that one does have another option to resolve disputes.

Reminds me of what US cosmetics mogul Mary Kay Ash once said: “For every failure, there’s an alternative course of action. You just have to find it. When you come to a roadblock, take a detour.”

Jeff Yong, after making his mark in the twisty maze of mainstream journalism, has finally decided to enjoy what he does best – observing the unusual and recounting the gleeful. He can be contacted at lifestyle.borak@gmail.com.