We always encourage claimant (plaintiff) in software dispute considers to adopt alternative ways to resolve dispute other than filling the case to a court of law for litigation. By alternative ways, we are referring to negotiation, mediation, and arbitration, in other words, ADR (Alternative Dispute Resolution). Nevertheless that, given different natures and scenarios of disputing cases, ADR may not surely be better than litigation, subject to the strategic intent of the overall business alignment.
We would be more than willing to share our views and strategies, if you confront software disputes in one or another way. Feel free to contact us at email@example.com, it is an obligation-free sharing session.
ADR is a generalized term referring to modes of dispute resolution apart from litigation. In Malaysian context, ADR is generally encompassing negotiation, mediation, and arbitration. Whilst negotiation does not require a thirty party, both mediation and arbitration require an impartial third party in attaining a resolution. The name given to the third party in mediation process is known as mediator, whereas in arbitration proceeding is known as arbitrator.
There are different set of rules governing the process of mediation and arbitration; some of them are as follows:
• Arbitration Act 2005
• Arbitration (Amendment) Bill 2010
• KLRCA Fast Track Rules 2010
• Mediation Bill (under the review of AGC)
• Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration
• Rules for Malaysian Mediation Centre
In Malaysia, there is only one institutional arbitration organization, i.e. Kuala Lumpur Regional Centre for Arbitration, whereas non-institutional arbitration organizations include Chartered Institute of Arbitrators (Malaysia Branch) and Malaysia Institute of Arbitrators. Malaysian Mediation Centre is setup and administered by the Malaysian Bar
The following table illustrates a comparison among Litigation, Mediation and Arbitration. click me >>