Mediation in Kelantan, Malaysia

The Olive Branch in Kelantan

The Olive Branch provides professional mediation services to clients in Kelantan and throughout Malaysia. Our experienced mediators work remotely to help you resolve disputes efficiently and effectively, saving you time, money, and relationships.

Whether you're dealing with commercial conflicts, family matters, or workplace disputes, 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.

We understand that every dispute is unique. That's why we tailor our mediation process to your specific circumstances, ensuring that the resolution you reach is practical, lasting, and fair to everyone involved.

State Mediation Research

State Laws

Kelantan operates under the national Malaysian mediation framework and the Alternative Dispute Resolution laws. The Kelantan State Court implements these frameworks at state level. The Malaysian Courts of Judicature Act encourages mediation before litigation.

Licensing Requirements

Mediators are accredited through the Kelantan State Court mediation centre system. The federal judiciary maintains a national register of qualified mediators. Mediators must be trained and registered with the State Court mediation programmeme.

Local Court Systems

Kelantan has the Kelantan High Court at the apex in Kota Bharu, followed by Sessions Courts and Magistrates Courts. Each level has dedicated mediation facilities. The State Court coordinates mediation activities across all court levels.

Fee Structures

Mediator fees follow state court regulations providing a structured fee schedule based on the nature and value of disputes. Court-annexed mediation may have different fee structures compared to private mediation. The fee structure is designed to make mediation accessible.

Bar Association Rules

The Malaysian Bar Council regulates the legal profession including mediator accreditation. Lawyers acting as mediators must comply with professional conduct rules. The State Court works with bar associations to promote mediation awareness.

Regional Dispute Patterns

Property and real estate disputes in urban centres, Family and matrimonial disputes in Kota Bharu, Commercial disputes in urban centres, Agricultural disputes in rural areas, Consumer protection matters

Sources

• Kelantan High Court (government)
• Judiciary of Malaysia - Mediation (government)

Malaysia

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)

Cities in Kelantan