Alliance Of Organisations For Mediation Standards

FAQ

What is mediation?

Mediation is a pathway for dispute resolution whereby the parties themselves get to participate in creating their own solution to the dispute. The process is facilitated by a neutral third party, the mediator. It is a non-adjudicatory method of dispute resolution and is widely regarded as one that is much more cost-effective and time-saving than the traditional forms of dispute resolution like litigation. 

You can read more about mediation here. 

How do I become a mediator?

Globally, there are many courses offered by various centres which lead to an accreditation as a mediator. 

In AMC, you would undergo the Professional Mediation Accreditation Course which consists of 40 hours in intensive classroom training and simulations culminating in a series of assessments. Only those who have successfully completed the entire course and passed the assessment will be accredited as mediators. 

Do you give discounts on your courses?

While we do occasionally offer special pricing for specific groups of people, such as students or a group of professionals belonging to the same organization, our pricing is benchmarked against international standards. In that category, it is considered on the lower end as we hope to make mediation training accessible to a wider audience. 

As such, we do not make a practice of giving discounts on our courses. Instead, we choose to add value to each individual student in the deployment of these courses and the individual follow-up thereafter. 

Please note that eligible employers in Malaysia may be able to select our courses via the Human Resource Development Corporation (HRDCorp) at no additional cost. You may find out more about this here.

We believe strongly in the value that we provide here in AMC and the feedback from our past participants reinforce our conviction that it is more important to focus on maintaining quality rather than on cutting cost.  

How do I get the other party to come for mediation if they refuse?

Mediation is a voluntary process and that means both parties must be willing to come to the table. If the other party refuses to consider mediation, you will not be able to force him or her to participate. However, there is no harm in making a request.

A more effective way to ensure that parties to a contract must first consider mediation before exploring arbitration or litigation, is to insert a dispute resolution clause into every agreement. A dispute resolution clause that compels parties to mediate first before seeking out other forms of dispute resolution will eliminate any such issues in the future. 

Please refer to AMC’s Model Clause here for your reference and use. 

Are your courses recognized outside of Malaysia or Singapore?

Our courses are recognized globally through the Alliance on Mediation Standards. AMC’s principal trainer also trains for the Singapore Mediation Centre and continues to provide coaching for various international mediation and negotiation competitions such as the Consensual Dispute Resolution Competition (CDRC) Vienna and the International Mediation Singapore Competition. 

Your AMC accreditation may qualify you to become a mediator, but a mediator that can truly add value to the process must be one that has experience and is committed to continuous learning. At AMC, we encourage and promote the practice of mediation and continuous upskilling through AMC or its partner organisations. Your growth as a mediator within a healthy ecosystem is important to us and we constantly look for ways to further develop our mediators in their career path.

If my dispute is located outside of Malaysia or Singapore, can I still get AMC to mediate?

Yes! As long as all parties are agreeable to having their matter mediated in AMC, we are able to accommodate any special requests with regards to the venue. If parties are not able to attend at our Malaysia or Singapore chambers, we can arrange for a virtual mediation through our online portal or coordinate travel arrangements if live mediation is preferred. 

Can a non-lawyer become a mediator?

Yes! Not every mediator has to have a legal background. In fact, we encourage professionals from every industry to explore an alternative career path in dispute resolution, as their experience is helpful especially in matters which relate to their individual backgrounds. At AMC, we have mediators who are from the construction and building industry as well as medical professionals. Their expertise is very coveted particularly in matters related to construction or medical negligence. 

If you are a non-legal person and you aspire to become a mediator, we welcome you to look into our Professional Mediation Accreditation course and reach out to us for more information. 

If I reveal certain information during a mediation session, can that information be used against me later?

No! Before any mediation takes place, parties are required to sign a confidentiality agreement stating that all information exchange that occurs within the context of a mediation is not to be disclosed. Furthermore, information shared during a mediation is done so on a “without prejudice” basis, which basically means that it cannot be used against you in court.

That way, parties can be assured that a mediation is a safe space in which honest and transparent communication can take place without any fear of repercussions or reprisals. 

I come from a disadvantaged background; would you consider mediating my matter for free?

At AMC we believe in giving back to society and we do so by donating up to 100 hours of our time annually in pro bono activities which may include mediations at low or no cost. If you are genuinely in need, do reach out to us and we will evaluate to see if we can be of service. 

Do note that we are not providing any legal service; as mediations are voluntary, we cannot mediate any matter unless all parties to the dispute agree to having the matter mediated.

I would like you to speak at my school or organization. Do you give talks on mediation?

Yes! Our mediators are very happy to share about mediation. Do reach out to us for a quick discussion on how we can help you. 

As East Malaysia’s first full-fledged dispute resolution and mediation consulting firm, AMC aims to provide world-class conflict management consulting services to clients in the region and beyond. Our professional mediators are trained and accredited in dispute resolution and negotiation.

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© 2018-2022 Asia Mediation Centre & Concordia DRC Sdn Bhd (1338948-X). All Rights Reserved.
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