Alternative Dispute Resolution Process in the Tribunal for Consumer Claims of Malaysia: A Way Forward

The Tribunal for Consumer Claims of Malaysia (TCC) is a quasi-judicial body which provides alternative dispute resolutions to consumers which provides the consumers with alternative dispute resolutions mechanism in the form of negotiation and hearing. The objectives of this article are to review the negotiation process at the TCC; to analyze its weaknesses; and to suggest an alternative mechanism in lieu of negotiation, that is mediation. The finding of this research shows that the negotiation conducted at the TCC fails to settle most of the consumer claims. The writers have identified weaknesses associated with the negotiation process conducted at the TCC. Among the weaknesses are, the negotiation is conducted without the help or presence of a third party; the imbalance of bargaining power between the dealers/manufacturers/suppliers of services or goods; and the difficulty to reach a settlement by the parties. To overcome these weaknesses, the writers are proposing mediation as an alternative dispute settlement at the TCC.