Introduction

MEDIATION ON LANDLORD AND TENANT DISPUTE

There is no specific law in regard with landlord and tenant in Malaysia. However, there is certain provision specified in National Land Code 1965 that deals with this matter. For example, tenancies and leases. In Malaysia, the agreement made between the landlord and tenant is also treated as a part of contract law. Thus, we provide a mediation service for our customers to avoid to enter into a litigation proceedings which takes a long time to resolve.

Background

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Why Mediation?

Mediation is different from arbitration in that it is nonbinding. The mediator can suggest a resolution and the parties can agree to it during the mediation process, but that agreement is nonbinding.

Non-Binding Resolution

Mediation can be scheduled and held in a matter of days, not weeks or months. This can be critical to intervening in the escalation of conflict and prevent unnecessary delays in finding mutually agreeable resolutions.

Timely and Convenient

In a mediation, the parties cannot be compelled to disclose information that they prefer to keep confidential. If a party chooses to disclose an information, hat information cannot, under the WIPO Mediation Rules, be provided to anyone outside of the mediation.

Confidential Procedure

Mediation is a voluntary process involving a neutral third-party known as the mediator who helps disputing parties reach an amicable resolution in private and without going to court.

Voluntary Process

In Malaysia, the agreement made between the landlord and tenant is a part of contract law. If there is any disputes occur between the landlord and tenant, they will have the rights to commence proceeding to deal with the disputes.

Mediation is an intervention to resolve the dispute between the parties. It safe to say mediation is in essence negotiations assisted by a third party who is neutral and without biased. To add, mediation has been proven to be a success initiative to resolve the dispute between the parties.