The Malaysian Mediation Centre (“MMC”) operates the following scheme for the accreditation of mediators.
1. Definition
Registered mediator in relation to MMC, means a person who is neutral, impartial, independent and accredited by MMC and who may be either –
(a) An advocate and solicitor holding a valid practicing certificate; or
(b) Any person for the time being appointed by MMC as a mediator for the Centre
2. Panel of mediators
The MMC recognises that the skills of a mediator are largely unrelated to the type of dispute. A mediator having specialist knowledge of the type of dispute may in some cases facilitate settlement; however, it is not part of the normal accreditation process to assess the specialist knowledge of potential panel members. The exception to this rule is in the area of family mediation. In this area specialist knowledge of family law and dynamics is preferred.
3. Prescribed Level of Competence for Accreditation
MMC accreditation will be accorded to persons who demonstrate that they have achieved and maintain the prescribed level of competence in the process of mediation.
4. Criteria for accreditation of mediators
The criteria for MMC accreditation on the panel are:
(1) (a) completion of a mediation workshop equivalent to forty hours conducted for and on behalf of MMC and approved by the Accreditation Committee of MMC as providing an adequate standard of training for mediation in respect of which accreditation is sought; and
(b) satisfactory completion of an assessment which will require participation in a simulated role play of not less than 1.5 hours duration, during which the person will be observed by two or more assessors approved by the Accreditation Committee of MMC;
OR
(2) (a) completion of a mediation workshop equivalent to a minimum of forty hours conducted by other organisations; approved and recognised by the Accreditation Committee of MMC;
(b) completion of a personal interview by the Accreditation Committee of MMC; and
(c) satisfactory completion of an assessment which will require participation in a simulated role play of not less than 1.5 hours duration, during which the person will be observed by two or more assessors approved by the Accreditation Committee of MMC
Those who possess:-
(a) an accredited mediator on MMC’s panel who have satisfactorily completed a further twenty four hour family mediation workshop approved by the Accreditation Committee of MMC; and
(b) satisfactory completion of an assessment which will require participation in a simulated family mediation role play of not less than 1.5 hours duration, during which the person will be observed by two or more assessors approved by the Accreditation Committee of MMC,
may be identified as preferred Mediators for family disputes.
5. Fees payable by MMC Accredited Mediators
Mediators accredited by MMC will be required to pay an annual fee determined by the Mediation Committee of the Bar Council from time to time, failure to pay which within thirty day after the due date or such extended period as may be notified to the mediator, shall result in the lapsing of the mediator’s MMC accreditation.
6. Yearly accreditation
Subject to Section 12, the accreditation of a registered mediator is valid for the year during which he is accredited and his /her membership may be renewed annually within the month of January of each following year.
7. Requirements for retention of MMC Accreditation
To retain MMC accreditation, Mediators must in every three succeeding years immediately after initial accreditation, have:
(a) attended workshops, courses or e-lectures relating to the mediation process as approved by the Accreditation Committee of MMC; or
(b) conducted or taught mediation processes as approved by the Accreditation Committee of MMC
unless the Accreditation Committee of MMC shall have exempted the mediator from doing so.
8. Liability Insurance
All candidates at the time of application for the status of accredited mediator at the time of annual renewal, must be insured by the Malaysian Bar insurers or any such insurers approved by MMC.
9. Ethical Standards
All MMC accredited mediators are required to observe the ethical standards prescribed by the Code of Conduct of MMC.
10. Applications for Accreditation
Applications for accreditation must be made in writing to MMC together with a payment of a non-refundable fee of:-
a) RM500.00 for Members of the Malaysian Bar holding a valid Practising Certificate;
b) RM1,000.00 for persons who are not Members of the Malaysian Bar.
11. Discretionary Power
The Accreditation Committee of MMC in its sole discretion may waive all or any of the above requirements and extend any of the time limits under the accreditation scheme.
12. Cancellation of accreditation
MMC may cancel the accreditation of a mediator if any of the requirements are not met provided that the accredited mediator may apply for further accreditation upon demonstrating compliance with the requirements of the accreditation scheme.
Revised on Nov 2017