Knowledge, Attitude and Practice of Community Mediators in Malaysia
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Abstract
Family and neighbourhood issues are distinctly sensitive and emotional. They might also not be suitable to be settled using the existing courtroom device in the form of adjudication. It has been acknowledged that procedures in court have failed to address the emotional state of the disputants. The alternative way to resolve the dispute is by using mediation. A study was conducted among 217 community mediators selected to determine their knowledge, attitude and practice of community mediation. A self-administered questionnaire was used to gather the research data. The results revealed that the majority of the respondents (97.7%, n = 212) know that mediation is used to resolve community disputes. All respondents agreed that mediation helps in alleviating disputes in the community. The majority of the respondents (92.2%, n = 200) agreed that mediation is an important source of information and help for the community. The majority of the respondents (99.5%, n = 216) agreed that cooperation between mediators and members of the community is very important in reducing domestic disputes and gaps in the community. The study also found that a little over half of the respondents have a low attitude (51.2%, n = 111) on community mediation. Furthermore, listening to both disputants was the most (87.1%, n = 189) practiced technique used by the respondents in dispute resolution. The study concluded that the respondents have good knowledge of community mediation, a low regard for community mediation, and practise various techniques in resolving the disputes. Most of the respondents have fewer than 10 years of experience as a community mediator. Thus, it is understandable why they do not yet have a high attitude towards community mediation
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References
Abdul Karim Zaidan. 2007. Nizam al-qada fi al-Shariah al-Islamiyyah. 3rd ed. Beirut: Mu’asasat al-Risalah.
Abdul Rani Kamarudin and Norjihan Ab Aziz. 2014. Mediation in Malaysia: Is it facilitative, evaluative or transformative? West East Journal of Social Sciences 3(1): 8–13.
Al Buhuti, Mansur Ibn Yunus Idris. 1982. Kashshaf al-qina’ ‘an matn al-iqna’, Beirut: Dar al-Fikr.
Brown, H.J. and A.L. Marriot. 1999. ADR: Principles and practice. 2nd ed. London: Sweet & Maxwell. Community Mediation Maryland. 2015. Annual report. https://mdmediation.org/wpcontent/uploads/2019/06/Annual-Report-2015-FINAL.pdf
El Fatih A. Abdel Salam. 2001. A theoretical framework of conflict resolution. Akademika 58: 59–81.
Emery, R.E. 2012. Renegotiating family relationship: Divorce, child custody, and mediation. 3rd ed. New York: The Guildford Press.
Hanna Ambaras Khan. 2013. Community mediation in Malaysia: A comparison between rukun tetangga and community mediation in Singapore. Journal of Literature and Art Studies 3(3): 180–195. https://doi.org/10.17265/2159-5836/2013.03.004
Hanna Ambaras Khan and Nora Abdul Hak. 2014. Community mediation in Malaysia: A step forward. Malayan Law Journal 1: 1–16.
Hanna Ambaras Khan, Nora Abdul Hak and Akmal Mohamad. 2015. Community mediation in Malaysia: The challenges faced by community mediators and the DNUI. Pertanika Journal of Social Science & Humanities 23(S): 201–210.
Hedeen, T. 2004. The evolution and evaluation of community mediation: Limited research suggests unlimited progress. Conflict Resolution Quarterly 22:12. https://doi.org/10.1002/crq.94
Kitzmann, K.M., G.R. Parra and L. Jobe-Shields. 2012. A review of programs designed to prepare parents for custody and visitation mediation. Family Court Review 50(1): 128–136. https://doi.org/10.1111/j.1744-1617.2011.01434.x
Legal Aid (Amendment) (Malaysia) Act 2003. Mediation Act (Malaysia) 2012.
Nazri Muslim, Nik Yusri Musa and Ahmad Hidayat Buang. 2011. Hubungan etnik di Malaysia dari perspektif Islam. Kajian Malaysia 29(1): 1–28.
Provencher, R. 1968. Two Malay communities in Selangor. Ann Arbor MI: University Microfilm.
Raman, G. 2005. Probate and administration in Singapore and Malaysia: Law and practice. Singapore: LexisNexis. Roberts, M. 2014. A-z of mediation. New York: Palgrave Macmillan.
Sa’odah Ahmad. 2012. User satisfaction with sulh (mediation) in the Syariah Judicial Department. Malaysian Journal of Consumer 19: 125–141.
______. 2015. Sulh: An alternative dispute resolution and amicable settlement of the family dispute. UMRAN Journal of Muslim Affairs 1(1): 41–62.
Sa’odah Ahmad, Rojanah Kahar and Muslihah Hasbullah. 2013. Mediasi sebagai kaedah penyelesaian pertikaian alternatif dalam pertikaian keluarga. Jurnal ILIM 6: 107– 130.
Schlegel, S.A. 1970. Tiruray justice: Traditional Tiruray Law and morality. Berkeley: University of California Press.
Selangor Islamic Family Law Enactment 2003. Selangor Syariah Court Civil Procedure Enactment 2003. Selangor Syariah Court Civil Procedure (Sulh) Rules 2001.
Wall, J.A. and T.C. Dunne. 2012. Mediation research: A current review. Negotiation Journal 28(2): 217–244. https://doi.org/10.1111/j.1571-9979.2012.00336.x
Wall, J.A. and R.R. Callister. 1999. Malaysian community mediation. Journal of Conflict Resolution 43: 343. https://doi.org/10.1177/0022002799043003004
Welsh, N.A. 2012. The current transitional state of court-connected ADR. Marquette Law Review 95(3): 873–886.