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ARTICLE · 20 MARCH 2023

"Mediation" As An Effective Framework For Debt Settlement In Malaysia

Claiming overdue payments could be an inconvenient process. For business owners, it may affect business relationships and at the same time the non-payment will impact business' cash flow...

MalaysiaLitigation, Mediation & Arbitration

1.Introduction

Claiming overdue payments could be an inconvenient process. For business owners, it may affect business relationships and at the same time the non-payment will impact business' cash flow and cause various impacts on the company's operations. Therefore, one needs to opt for the best and most effective way of debt settlement. It is important to assess the situation, and the nature of the debt, among other things, before considering which method of resolution will be the best for the parties to achieve a common objective.

Mediation is a useful strategy to recover debts as it is a framework that is known to be one of the effective alternative dispute resolutions (“ADR”). Mediation is commonly considered when the parties wish to have an amicable settlement outside the court proceeding, and when they are willing, in good faith, to commit the effort to resolve the disputes. Despite being a less formal compared to other ADR such as arbitration,

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