The Malaysian International Mediation Centre (“MIMC”) operates the following scheme for the accreditation of mediators.
1. Definition
Registered mediator in relation to MIMC, means a person who is neutral, impartial, independent and accredited by 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 Centre
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 process to assess the specialist knowledge of potential 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 and empanelment of mediators with the MIMC
4.1 The criteria for MIMC accreditation are:
(1) (a) the completion of a mediation workshop equivalent to fifty-six (56) hours conducted by MIMC, which shall include:-
(i) a two (2) day Introductory 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 will be observed and/or assessed by one or more assessors approved by the Accreditation Committee of MIMC;
OR
(2) (a) completion of a mediation workshop conducted by other organisations which are approved and recognised by the Accreditation Committee of MIMC;
OR
(b) completion of a personal interview by the Accreditation Committee of MIMC; and
(c) 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 approved by the Accreditation Committee of MIMC.
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.
4.2 MIMC shall place Candidates on its panel for a renewable period of three (3) years.
4.3 The criteria for empanelment with the MIMC are as follows:
(a) that the Candidate is accredited with the MIMC; and
(b) 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; and
(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 Accreditation Committee of 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. Fees payable by MIMC Accredited Mediators
Mediators accredited by MIMC will be required to pay an annual fee determined by the Mediation Committee of the Bar Council from time to time, failure to pay which within thirty day after the due date or such extended period as may be notified to the mediator, shall result in the lapsing of the mediator’s MIMC accreditation.
6. Yearly accreditation
Subject to Section 12, the accreditation of a registered mediator is valid for the year during which he is accredited and his /her membership may be renewed annually within the month of January of each following year.
7. Requirements for retention of MIMC Accreditation
To retain MIMC accreditation, Mediators must in every three succeeding years immediately after initial accreditation, have:
(a) attended workshops, courses or e-lectures relating to the mediation process as approved by the Accreditation Committee of MIMC; or
(b) conducted or taught mediation processes as approved by the Accreditation Committee of MIMC
unless the Accreditation Committee of MIMC shall have exempted the mediator from doing so.
8. 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.
9. Ethical Standards
All MIMC accredited mediators are required to observe the ethical standards prescribed by the Code of Conduct of MIMC.
10. Applications for Accreditation
Applications for accreditation 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) RM1,000.00 for persons who are not Members of the Malaysian Bar.
11. Discretionary Power
The Accreditation Committee of MIMC in its sole discretion may waive all or any of the above requirements and extend any of the time limits under the accreditation scheme.
12. Cancellation of accreditation
MIMC may cancel the accreditation of a mediator if any of the requirements are not met provided that the accredited mediator may apply for further accreditation upon demonstrating compliance with the requirements of the accreditation scheme.
Revised on Feb 2023