Page 154 - 马佛青55周年特刊

观
4. Weak Legal Foundation: The Mediation Act 2012 lacks provisions for enforcing
点
mediation outcomes. Without legal weight, agreements may be ignored, reducing trust
文
in the process.
章
5. Public Awareness and Perception: Many Malaysians are unfamiliar with what
mediation entails. Some associate it with religious or moral counselling, while others
view it as ineffective compared to court rulings or government intervention.
6. Fragmented Implementation: Multiple ministries, NGOs, and agencies run
parallel programmes without coordination. This creates duplication, inconsistent
standards, and lost opportunities for synergy.
Overcoming these challenges requires strategic planning, legal reform, financial
investment, and cultural transformation.

Policy Recommendations for Institutionalising Mediation

To make mediation a central feature of Malaysia’s conflict resolution ecosystem,
the following six policy recommendations are proposed:
1. Establish a National Mediation Centre (NMC): This centre would act as a hub
to coordinate mediation programmes across ministries, civil society, the private sector,
and academia. Its roles would include training, accreditation, case referral, data analysis,
public communication, and regulatory oversight.
2. Expand and Diversify the Mediator Base: Recruit mediators from various
sectors — teachers, youth leaders, police retirees, legal professionals, and religious
representatives. Mediators should reflect the demographics of the communities they
serve.
3. Introduce a National Accreditation Framework: Develop a tiered system for
mediators (basic, advanced, specialist) and link it to Continuing Professional Development
(CPD) models. This enhances professionalisation and long-term sustainability.

152