Open AccessMEDIATION: PRACTICE IN THE CORPORATE WORLD
Author(s) -
Nur Khalidah Dahlan,
Mamot Said,
Ramalinggam Rajamanickam
Publication year - 2021
Publication title -
uum journal of legal studies/uum journal of legal studies
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.164
H-Index - 2
eISSN - 0127-9483
pISSN - 2229-984X
DOI - 10.32890/uumjls2021.12.1.3
Subject(s) - mediation , alternative dispute resolution , dispute resolution , jurisdiction , lawyer supported mediation , shareholder , conciliation , economic justice , dispute mechanism , settlement (finance) , business , political science , law and economics , order (exchange) , law , dispute board , public relations , corporate governance , sociology , finance , payment
The relationship between parties in corporate world is essential in order to addressing business disagreements. Where it is focusing on the language of business contract per se. Despite various dispute solutions and legal provisions on corporate, company and shareholder rights, all the parties concern are still facing some challenges. Mediation method is one of the alternative dispute resolutions for those who seeks justice without undergo the court proceeding. It is a swift and inexpensive form of dispute resolution. Mediator’s role is to facilitate the disputing parties, and utilizes both joint and private sessions to assist them to achieve consensus. In view of the economic interest, and with a vision to maintain their business relation, a private settlement is preferred between them. This study is using the doctrinal and comparative research methods. In which, this study is comparing the pertinent literature on jurisdiction of the court and Mediation Bodies in terms of Corporate / Company / Shareholders. The discoveries of this study are vital in describing the pros and cons of mediation practices and how it reflects justice to the Malaysian society.