The Malaysian International Mediation Centre (“MIMC”) operates the following scheme for the accreditation and empanelment of mediators.
1. Definition
An accredited mediator, in relation to MIMC, means a person who has been accredited by the MIMC and who may be either –
(a) an advocate and solicitor holding a valid practicing certificate; or
(b) any person for the time being appointed by MIMC as a mediator for the MIMC.
2. Panel of mediators
The MIMC recognises that the skills of a mediator are largely unrelated to the type of dispute. A mediator having specialist knowledge of the type of dispute may in some cases facilitate settlement; however, it is not part of the normal accreditation nor empanelment process to assess the specialist knowledge of potential accredited or panel members. The exception to this rule is in the area of family mediation. In this area specialist knowledge of family law and dynamics is preferred.
3. Prescribed Level of Competence for Accreditation
MIMC accreditation will be accorded to persons who demonstrate that they have achieved and maintain the prescribed level of competence in the process of mediation.
4. Criteria for accreditation of mediators with the MIMC
4.1 The criteria for MIMC accreditation are:
(a) the completion of a mediation workshop equivalent to fifty-six (56) hours conducted by MIMC, which shall include:-
(i) a two (2) day Introduction to Mediation Course; and
(ii) a five (5) day Advanced Mediation Skills Training Course;
as approved by the Accreditation Committee of MIMC as providing an adequate standard of training for mediation in respect of which accreditation is sought; and
(b) satisfactory completion of an assessment which will require participation in a simulated mediation role play of not less than 1.5 hours duration, during which the person shall be observed and/or assessed by one or more assessors approved and appointed by the MIMC.
4.2 Those who possess:-
(a) an accredited mediator on MIMC’s panel who have satisfactorily completed a further twenty four (24) hour family mediation workshop approved by the Accreditation Committee of MIMC; and
(b) have satisfactorily completed an assessment which will require participation in a simulated family mediation role play of not less than 1.5 hours duration, during which the person will be observed and/or assessed by two or more assessors approved by the Accreditation Committee of MIMC.
may be identified as preferred Mediators for family disputes.
5. Empanelment of Accredited Mediators
5.1 The criteria for empanelment with the MIMC are as follows:
(a) that the Candidate is accredited with the MIMC; or
(b) (i) the Candidate has completed a mediation workshop conducted by other organisations which are approved and recognised by the MIMC;
(ii) completion of a personal interview by the appointed representatives and/or assessors of the MIMC; and
(iii) if required, the satisfactory completion of an assessment which will require participation in a simulated role play of not less than 1.5 hours duration, during which the person will be observed and/or assessed by two or more assessors of the MIMC.
AND
that within the three (3) previous years prior to applying for empanelment with the MIMC, the Candidate has to either –
(i) conducted at least two (2) mediations as Mediator; or
(ii) attended the one (1) day MIMC Refresher Course conducted by the MIMC; or
(iii) attended and/or completed a mediation training, mediation course, or delivered a talk or paper on mediation on any topic related to mediation and/or attended or participated in any mediation workshop approved by the MIMC; or
(iv) assisted the MIMC as a trainer, coach or assessor for a minimum of forty-five (45) hours in any of the training courses of the MIMC.
5.2 Subject to Section 9 below, the empanelment of a mediator is valid for three years and his /her empanelment may be renewed every three(3) years, subject to Clause 5.4 below.
5.3 Applications for empanelment must be made in writing to MIMC together with a payment of a non-refundable fee of:-
a) RM500.00 for Members of the Malaysian Bar holding a valid Practising Certificate;
b) RM1000.00 for persons who are not Members of the Malaysian Bar.
5.4 Mediators empanelled by the MIMC shall be required to pay an empanelment fee determined by the Mediation Committee of the Bar Council, from time to time, failure to pay which within thirty (30) days after the due date or such extended period as may be notified to the mediator, shall result in the lapsing of the Mediator’s empanelment with the MIMC.
6. Liability Insurance
All candidates at the time of application for the status of accredited mediator at the time of annual renewal, must be insured by the Malaysian Bar insurers or any such insurers approved by MIMC.
7. Ethical Standards
All MIMC accredited and empanelled mediators are required to observe the ethical standards prescribed by the Code of Conduct of MIMC.
8. Discretionary Power
Notwithstanding anything set out above MIMC may in its sole discretion may waive all or any of the above requirements and extend any of the time limits under the accreditation scheme.
9. Cancellation of accreditation and empanelment
MIMC may cancel the accreditation and or empanelment of a mediator if any of the requirements are not met or for breach of ethical standards provided that the accredited and or empanelled mediator may re-apply for accreditation and or empanelment upon demonstrating compliance with the requirements.
Revised on Feb 2023