Mediation In
Malaysia
For businesses and individuals in Malaysia, home to approximately 34 million, The Olive Branch offers professional mediation services that combine global expertise with local understanding, respecting Malaysia's ADR is well established and widely used in commercial settings to preserve busin. We help resolve commercial, family, and workplace disputes in ways that preserve relationships and achieve lasting resolutions.
Accredited to International Standards
The Olive Branch Company operates under the highest regulatory frameworks in dispute resolution. We are fully accredited by the Civil Mediation Council (CMC) and hold membership with the International Mediation Institute (IMI), ensuring world-class standards of practice, ethics, and neutrality in every mediation we conduct.
Commercial Mediation with Clarity & Purpose
At The Olive Branch, we specialise in resolving complex conflicts with dignity, fairness, and real world results. Whether it's a commercial contract dispute, a leadership breakdown, or a cross cultural misunderstanding, we create a safe, neutral space where difficult conversations can move forward.
Tailored Expertise, Scaled for Your Dispute
No two disputes are identical, and highly technical conflicts demand specific, localised expertise. At The Olive Branch Company, we combine the personal accountability, agility, and dedicated focus of a boutique practice with the technical reach of a major institution.
While our mediations are led by our core panel, we operate through a leading, trusted network of specialists globally. Where a dispute hinges on highly technical, sector specific legal or structural nuances, such as complex construction parameters, intellectual property boundaries, or intricate corporate M&A frameworks, we engage with vetted industry experts to ensure the most appropriate resolution.
Industry Informed Resolution
Conflict in critical environments requires more than just legal theory, it requires real world battle scars and judicial precision. Our approach is anchored by over 30 years of global commercial leadership combined with a decade of judicial experience. This dual perspective allows us to cut through emotional noise, analyse risk with absolute clarity, and help you engineer strategic, final resolutions that protect both your financial position and your reputation.
The Olive Branch in Malaysia
In Malaysia, The Olive Branch offers mediation services that balance local understanding with professional standards. Our mediators help resolve disputes efficiently while respecting the country's cultural and legal traditions.
Our services operate within Malaysia's legal framework: Malaysia has a well developed legal framework for ADR with specific laws and guidelines for different ADR mechanisms. The Arbitration Act 2005 is the principal law governing arbitration in Malaysia, p...
Whether you're dealing with commercial conflicts, family matters, or workplace disputes in Malaysia, home to approximately 34 million, we offer a neutral, confidential space where all parties can speak freely and work toward mutually beneficial solutions. Our approach is grounded in real-world experience and a deep understanding of the challenges businesses and individuals face in Malaysia.
We understand that every dispute is unique. That's why we tailor our mediation process to your specific circumstances in Malaysia, ensuring that the resolution you reach is practical, lasting, and fair to everyone involved.
Quick Facts
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Legal Framework: Malaysia has a well developed legal framework for ADR with specific laws and guidelines for different ADR mechanisms. The Arbitration Act 2005 is the principal law governing arbitration in Malaysia, p...
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Cultural Approach: ADR is well established and widely used in commercial settings to preserve business relationships. The legal framework reflects a preference for ADR as faster and less expensive than traditional litig...
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Typical Costs: Costs vary by institution and case complexity but generally faster and less expensive than litigation. Professional mediator fees generally range from MYR 300-1,000 per hour for commercial mediation. ...
Mediation Research
Legal Framework
Malaysia has a well developed legal framework for ADR with specific laws and guidelines for different ADR mechanisms. The Arbitration Act 2005 is the principal law governing arbitration in Malaysia, providing the legal framework for arbitration proceedings including formation of arbitration agreements, selection of arbitrators, conduct of arbitration, and enforcement of arbitral awards. The Act is based on the UNCITRAL Model Law on International Commercial Arbitration, making Malaysia a pro-arbitration jurisdiction especially for international disputes. The Mediation Act 2012 is a significant piece of legislation that governs mediation in Malaysia, providing a structure for mediation processes particularly in commercial disputes. The Act allows for court referred mediation and establishes procedures for mediators and the mediation process. The Industrial Relations Act 1967 governs labor disputes, establishing the Industrial Court and mandating use of conciliation and arbitration for resolving employment-related disputes. The Courts (Alternative Dispute Resolution) Rules 2014 provide the framework for use of ADR in Malaysian civil courts, allowing courts to refer parties to mediation or arbitration if appropriate. The Arbitration (International Investment Disputes) Act 1966 governs international investment disputes and allows for recognition and enforcement of arbitral awards related to investment disputes.
Court System
Courts actively promote ADR through the Courts (Alternative Dispute Resolution) Rules 2014. Under these rules, courts can refer parties to mediation or arbitration if they believe it is appropriate for resolving the dispute. Court-annexed mediation is common, with courts having set up mediation programmes where parties can refer their cases for mediation before proceeding to trial. The Malaysian Mediation Centre (MMC) and the Bar Council's Alternative Dispute Resolution Centre (ADR Centre) are prominent institutions that provide mediation and conciliation services in conjunction with the court system. The Industrial Relations Act 1967 establishes conciliation procedures through the Director General of Industrial Relations before disputes are escalated to the Industrial Court.
Mediator Regulations
The Mediation Act 2012 provides a structure for mediation processes and establishes procedures for mediators. Professional mediators are available through institutions like the Malaysian Mediation Centre (MMC) and the Bar Council's ADR Centre. The Malaysian Bar's ADR Centre and other private institutions offer ADR services including mediation and arbitration. Specific training requirements or accreditation standards for mediators are not detailed in available sources, but the Act establishes procedures for the mediation process.
Cultural Approach
ADR is well established and widely used in commercial settings to preserve business relationships. The legal framework reflects a preference for ADR as faster and less expensive than traditional litigation, particularly in commercial settings where preserving business relationships is important.
Typical Costs
Costs vary by institution and case complexity but generally faster and less expensive than litigation. Professional mediator fees generally range from MYR 300-1,000 per hour for commercial mediation. MMC and Bar Council's ADR Centre provide institutional fee schedules. AIAC provides arbitration services. Court-annexed mediation programmes available.
Sources
- Alternate Dispute Resolution Law at Malaysia (organisation)
- New York Convention - Malaysia (organisation)
- Singapore Convention on Mediation - Jurisdictions (organisation)
Continue your search for resolution
Every dispute is personal and complex. We are here to provide the neutral space and expert guidance you need to find a lasting resolution in Malaysia.
Talk to Our Team