Mediation
Mediation is a process where a neutral third party
assists the parties to resolve a dispute/issue and reach an
agreement. The neutral Mediator does not impose a decision and
just plays the role of a communicator and tries to ease out
issues and helps parties reconcile. Decision-making authority
rests with the parties. A mediated settlement is a consensual
outcome. The agreement is reached by the parties themselves.
All communications will have to pass through the Mediator. Communications
are via email or secure web page. The Mediator may communicate
with parties separately or simultaneously. The settlement may
by binding or non binding depending on the desire of the parties.
In the event the parties wish the settlement to be binding,
it can be drawn into a legally binding agreement.
This is how it works
1. A person who wants to mediate a certain issue/dispute
clicks on “File a Case”
2. He will be presented with registration form asking him
his name, address, telephone number, email and the username
and password that he would like to use for this case.
3. Once he registers, he will be presented with a “First
Party form”. On this form the following details need
to be stated
2nd Party’s email address
Brief account of dispute, issue or grievances. What he seeks
to achieve, including any monetary value if relevant
Mode of Resolution – Mediation
Choice of Payment - 1st Party, 2nd Party or Both Parties.
Please see “Fees” for further information and
what it is about.
4. After submitting this form. The 2nd Party will receive
an email informing him/her that he/she has received a request
from 1st Party to resolve a dispute via Online Dispute Resolution
powered by ODR World.
5. The 2nd Party registers his name, address, telephone number,
email and the username and password that he would like to
use for this case.
6. Once he registers, he will be presented with a “Second
Party form”. This form will contain the issues stated
by 1st Party. On this form the following details need to be
stated by the 2nd Party:
Brief account of dispute, issue or grievances. What he seeks
to achieve, including any monetary value if relevant
Whether he agrees or disagrees to use ODR WORLD’s Mediation
service
If the 2nd Party disagrees, the case
is closed
7. If the 2nd party agrees, parties are sent an email informing
them that parties have agreed to mediate and that the case
has been forwarded to a Mediator to agree and respond.
If no mediator is willing to take up
the case, the case is closed.
8. Once the Mediator agrees to take up the case, parties are
sent an email informing them that a Mediator has been assigned
and to make the required payment before proceeding. Depending
on which payment is selected, 1st Party, 2nd Party or Both
parties make the required payment.
9. Once payment is made, both parties are sent an email containing
the Mediators name and email address and the parties login
and password details to use the ODR WORLD web communications.
10. The Mediator will contact the parties via email briefing
them on how to proceed with the mediation process. The Mediator
will use email and secure web communication to communicate
with the parties.
11. The mediation process is for a period of 14 days. If parties
wish to continue after the 14 days period they can apply for
extension.
ODR MALAYSIA does not guarantee a settlement.
For any further information please contact odr_info@odrmalaysia.com
