The Singapore Convention, signed by 46 countries on August 2019, is intended to facilitate the enforcement of settlement agreements that have been entered into following a mediation. The question that arises is whether this has positive or negative implications to legal practice in Malaysia and if so, how?
While mediation, as a means of alternative dispute resolution, is available in Malaysia and supported by the Malaysian Mediation Council, the reality is that apart from court-mandated mediation, there seems to be very little activity on the development of mediation as a legal practice avenue for Malaysian lawyers. Is Mediation as a practice area a sustainable business model for Malaysian law firms? If so, how?
The execution of the Singapore Convention however means that this could change, particularly when dealing with cross-border disputes, and over time, perhaps even in the domestic context.
In the spirit of being future ready, discover the opportunities that may be open to Malaysian lawyers, through the use of mediation skills, to resolve disputes, enforce settlement agreements, and develop avenues for income through mediation.
Shanti Abraham runs her own practice M/s Shanti Abraham & Associates in Kuala Lumpur. She has vast experience in corporate and dispute resolution matters. She has been called to both the Singapore and Malaysian Bar. She has handled trial and appellate work as well as a full range of corporate finance matters including restructurings and cross border work.
Shanti is a Mediator with the Malaysian Mediation Centre and an Associate Mediator with the Singapore Mediation Centre. She is an Arbitrator, Mediator and Adjudicator with the Asian International Arbitration Centre (AIAC) and Securities Industries Dispute Resolution Centre (SIDREC).
Shanti completed the Program on Negotiation and Mediation and Advanced Mediation training -Mediating Complex Disputes both at Harvard Negotiation Institute at Harvard Law School and she was recently sponsored by the Dept of Justice, Hong Kong for Investor-State Mediation training. She is a trainer for the Bar Council, Singapore Mediation Centre and has trained the judiciary in Brunei and Myanmar as well as a wide range of professionals in Mediation Skills. She represented the Malaysian Mediation Centre at the signing of the Singapore Mediation Convention in Singapore on 7th August 2019 where Malaysia joined several other countries as a signatory.
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