Mediation Quiz

What is the goal of mediation?

• To prolong court proceedings as much as possible

• To find a solution acceptable to all parties in a conciliatory manner

• To win the dispute at any cost

• To involve a judge in the decision-making process

What is the main difference between litigation and mediation?

• Litigation is a voluntary process, while mediation is a formal judicial process

• Litigation involves a judge making the decision, while in mediation the parties themselves make the decision

• Litigation focuses on the needs and interests of the parties, while mediation focuses on positions and rights

• Litigation is private and without prejudice, while mediation is public and adversarial

In which types of cases is mediation applicable?

• Temporary/permanent injunctions and judicial review

• Land acquisition proceedings and native court matters

• Commercial disputes and medical negligence

• Constitutional law and election petitions

Who can conduct mediation?

• Through the Kuala Lumpur Regional Centre for Arbitration

• Parties themselves without any external facilitator

• Only judges in a judge-led process

• Only accredited mediators from the Bar Council Malaysian Mediation Centre

What does the Mediation Act 2012 cover?

• The appointment and termination of judges

• The conduct of court proceedings

• The public record of mediation communications

• The role of the mediator and the settlement agreement

What are the advantages of mediation?

• Increases the length of litigation

• Decreases access to justice

• Improves access to justice and saves time and costs

• Increases the number of future disputes

What is an important consideration when preparing for mediation?

• Choosing a mediator and determining who will attend

• Not devoting proper resources

• Setting unrealistic expectations

• Not considering the consequences of no agreement

Why is online mediation considered important?

• It is more intimidating for the parties involved

• It is less cost-efficient than traditional mediation

• It provides new opportunities and accessibility, especially for cross-border disputes

• It creates a backlog of cases and delays the resolution process

What is the main focus of mediation compared to litigation?

• Focus on positions and rights

• Focus on the needs and interests of the parties

• Focus on a formal judicial process

• Focus on a public record of the proceedings

When can mediation be used?

• Only when both parties agree to it

• Only at the beginning of court proceedings

• Only after a judge's decision has been made

• At any time, even at any stage of court proceedings