Page 150 - 马佛青55周年特刊
P. 150

观
                点
                文
                章
                                        Mainstream Mediation


                                       as an Alternative Form of


                              Conflict Resolution in Malaysia



                                                              Eow Shiang Yen











                                        ocial media, in particular, has transformed the nature of
                                    S intergroup tensions.  What used to be localised issues now
                                become national debates within hours, driven by viral content,
                                misinformation, and algorithmic echo chambers. Meanwhile, political
                                actors,  NGOs,  and  influencers  with  far-right  leanings  often  weaponise
                                identity politics, framing minority concerns as existential threats to the
                                Malay-Muslim majority.
                                    In  such  a  volatile  environment,  conventional  conflict  responses  —
                                usually punitive and top-down, including the use of laws such as the Sedition
                                Act 1948 and the Communications and Multimedia  Act 1998 — prove
                                insufficient.  These methods may deter expression temporarily but do not
                                resolve the underlying causes of tension or heal social divisions.
                                    This is where mediation emerges as a vital alternative dispute resolution
                                (ADR) tool. Mediation offers a constructive, inclusive, and culturally
                                sensitive process to resolve conflicts without litigation or coercion.  As
                                Malaysia grapples with the long-term challenge of building unity in diversity,
                                mainstreaming mediation must become a core national agenda.


                                    Evolving Mediation Mechanisms in Malaysia


                                    Malaysia has adopted various mediation models, both formal and
                                informal, across government, civil society, and the private sector.  The
                                evolution of these mechanisms reflects growing recognition of mediation’s
                                relevance in handling both civil and intergroup disputes.
                                    1. Court-Annexed Mediation:  Malaysia’s judicial system includes





           148
   145   146   147   148   149   150   151   152   153   154   155