^{By Eow Shiang Yen
Eow is a Researcher at INITIATE.MY. He is also the Executive Committee of the Malaysian Youth Council (MBM) and General Secretary of Young Buddhist Association of Malaysia (YBAM).}

 

Mediation is not a new means of alternative dispute resolution in Malaysia. It is commonly used in court cases where physical or online mediation is proposed to settle the case outside of court.

Recent applications of mediation in Malaysia can be seen in two non-conventional models: first, the COVID-19 Mediation Centre (PMC-19), resolving disputes related to the inability to perform contractual obligations due to the Movement Control Order (MCO); and second, the Strata Community Mediation Centre, addressing issues not covered by the Strata Management Act 2013 among residents of high-rise buildings in Kuala Lumpur.

There is also an existing mediation model involving collaboration between government agencies and local communities. As of 7 December 2023, there were 564 community mediators under the Department of National Unity and Integration (JPNIN) to resolve conflicts and preserve harmony at the community level.

The Minister of National Unity, YB Datuk Aaron Ago Anak Dagang, announced on 17 April 2024 that four new Community Mediation Centres (CMCs) will be established through the Department of National Unity and Integration (JPNIN) in Putrajaya, Melaka, Perlis, and Negeri Sembilan in 2024, in addition to the four centres established in Penang, Kuala Lumpur, Perak, and Johor in 2023. These centres aim to resolve conflicts at the community level by offering pro-bono mediation services, providing advisory and counselling services, and promoting mediation through programmes and activities.

There are also plans to establish a unity complex offering mediation services and to strengthen the role of Community Mediators through improved qualifications, competency standards, and amendments to the Rukun Tetangga Act 2012.

These developments highlight the increasing recognition of the importance of mediation in resolving conflicts among Malaysia’s diverse communities, justifying the establishment of a National Mediation Centre to consolidate and streamline efforts, ensuring equitable access to conflict resolution services nationwide.

 

Why mediation is important

Mediation empowers conflicting parties to achieve mutual compromises outside the judicial system, guided by skilled mediators. It provides adaptable approaches suited to urgency and consensus-building on outcomes. While punitive measures are necessary for severe conflicts, community-focused mediation proves exceptionally effective in early-stage disputes, prioritising restoration and consensus over escalation.

Following Malaysia’s 2018 general election, the surge of far-right groups exploiting ethno-religious nationalism intensified intergroup conflicts. This trend persists post-2022, with far-right politicians, NGOs and influencers leveraging digital platforms and AI-generated content to propagate divisive narratives. Such provocations risk undermining social cohesion and escalating tensions.

Controversies over Jawi calligraphy, religious language and symbols like the use of ‘Allah’ word highlight missed opportunities for mediated resolutions, which could prevent prolonged disputes and unilateral actions.

Mediation offers advantages such as contextual understanding, collaborative solutions, resource efficiency, and mitigation of public pressure fuelling discord. Establishing a National Mediation Centre is imperative amidst escalating far-right influences and digital challenges promoting online extremism and hatred.

 

Mediation challenges

However, mainstream mediation as an alternative dispute resolution in Malaysia faces several significant challenges.

Firstly, professional mediation services offered by entities like the Asian International Arbitration Centre and International Centre for Arbitration and Mediation are prohibitively expensive, primarily catering to international and domestic cases.

Secondly, there is an insufficient pool of community mediators, consisting of only 163 officers from the Department of National Unity and Integration, 379 Rukun Tetangga Community (KRT) committee members, and 22 non-governmental organisations (NGOs) providing free mediation services for the entire national population.

Thirdly, the concept of mediation as a viable career option remains underdeveloped in the country. Although the Ministry of National Unity is considering establishing an accreditation body, progress is slow.

While mediation may not be suitable for all inter-religious disputes, as highlighted by the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) regarding its appropriateness in interfaith custodial disputes, it could greatly benefit various ongoing issues that do not involve interpretations of the Federal Constitution or sensitivities related to religion, race, and royalty or ‘3R’. For example, local disputes between Muslims and non-Muslims, ongoing boycotts, and conflicts between educational institutions and student bodies could all benefit from mediation.

The practice of mediation must be further explored in Malaysia despite these challenges. It can supplement the Ministry of National Unity’s role, which lacks enforcement powers to intervene promptly in escalating 3R issues, and prevent knee-jerk punitive measures by other ministries and agencies with enforcement powers, such as the Ministry of Home Affairs and the Ministry of Communications. These agencies often resort to punitive actions under laws like the Sedition Act 1948, Printing Presses and Publications Act 1984, Police Act 1967, Penal Code, and Communications and Multimedia Act 1998, which may exacerbate conflicts.

 

Policy recommendations

To effectively mainstream mediation in Malaysia, the following steps are crucial:

1) Malaysia needs to establish a National Mediation Centre. This centre will coordinate efforts among ministries, the private sector, local authorities, legal institutions, elected officials, educational institutions, and civil society organisations. By pooling resources and expertise, these entities can enhance mediation efforts nationwide. The centre will oversee a centralised dashboard to monitor mediation progress, including publications, projects, training, accreditation, communication, engagement, and public awareness. This aligns with Goal 16 of the Sustainable Development Goals (SDGs) under the National SDG Centre.

2) The Ministry of National Unity should partner with the private sector and civil society organisations to secure funding and implement mediation training. Expanding the pool of mediators to include specialists from various fields will significantly enhance mediation efforts. Potential mediators should be recruited from community-based individuals, including student representatives, members of the Rukun Negara Club or Secretariat, youth and faith-based organisations, city councillors, the Royal Malaysian Police, Members of Parliament, State Assemblypersons, teachers, retired armed forces or police personnel, and human resource professionals.

3) Mediators must receive comprehensive training, accreditation, reskilling, and upscaling, mirroring the standards applied to current community mediators under JPNIN. Training should be tailored to specific fields and environments. For example, the Malaysian Youth Council (MBM) could train mediators within its youth organisations. JPNIN should overhaul the accreditation framework and introduce a Continuing Professional Development (CPD) model to categorise mediators into different levels based on their competence, experience, and contributions.

4) The Ministry of National Unity should enhance the current database of Rukun Tetangga areas and community mediators to establish a centralised dashboard. This dashboard should display the number of available mediators, reported cases, and the mediation’s effectiveness in preventing conflict escalation. Enabling stakeholder access to this database will facilitate the creation of social media posts, research papers, videos, documentaries, and other formats to promote successful mediation stories and assess practices. This collaborative effort will highlight crucial indicators, including mediation coverage, knowledge, attitudes, practices, and identified gaps.

5) Government and private media outlets such as BERNAMA, AWANI, and RTM should develop multimedia documentaries and impactful campaigns to advocate for mainstream mediation. Interfaith organisations and communities should play an active role in supporting these efforts. The Rukun Negara Club and Secretariat should organise experience-sharing sessions involving current mediators. Educational institutions must incorporate mediation into their curriculum or co-curriculum. Other stakeholders should host conferences, workshops, town halls, and similar activities to promote mediation, leveraging their respective capacities and expertise.

6) In terms of policy frameworks, although the National Unity Action Plan (2021-2025) does not explicitly include mediation, further empowerment and professional accreditation of mediation practitioners through amendments to the Mediation Act 2012 and Rukun Tetangga Act 2012 must be explored by relevant ministries. Future National Unity Action Plans must clearly outline the objectives and stakeholders involved in mainstreaming mediation. Additionally, efforts must continue to integrate mediation into the upcoming National Action Plan on Preventing and Countering Violent Extremism (NAPPCVE), known as MyPCVE, to promote national harmony and security against violent extremism tendencies.

Mainstream mediation must be prioritised nationally in our volatile environment, marked by widespread misinformation and the rising threat of far-right extremism. Effectively addressing these challenges is crucial to preventing the escalation of tensions and conflicts. Despite its imperfections, mediation offers a practical pathway to pause, reflect, understand diverse perspectives, and promote collective peace.