AIAC Launches Pro Bono Commercial Mediation Initiative To Broaden Access To Justice

KUALA LUMPUR, May 18 (Bernama) -- The Asian International Arbitration Centre (AIAC) today officially launched its Pro Bono Commercial Mediation Initiative, marking a significant step forward in enhancing public access to justice and easing the burden on the Malaysian court system.

Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said noted that the initiative reflects the government's values and commitment to ensuring that justice remains accessible to all, regardless of financial background.

“Today’s initiative is more than the launch of a programme, it is a statement of values and commitment.

“It reaffirms our belief that justice is not measured by financial strength but must also remain accessible to every individual and business seeking a fair resolution,” she said at the launch of the initiative, themed ‘Echoes of Justice: Bridging Pro Bono, Accessibility & Expertise’, at the AIAC Auditorium here today.

The ceremony was also attended by Chief Judge of Sabah and Sarawak Datuk Azizah Nawawi, AIAC deputy chairman Datuk Shireen Ann Zaharah Muhiudeen, director-general of the Legal Affairs Division (BHEUU) in the Prime Minister's Department Datuk Zamri Misman and key members of the AIAC Board of Directors.

Azalina noted that the initiative directly addresses the challenges faced by small and medium enterprises (SMEs), startups and ordinary businesses, which often encounter legal disputes that threaten their survival but lack the financial resources to endure lengthy courtroom battles.

In line with the initiative, the minister said the government is currently reviewing the Mediation Act 2012 to explore broader reforms, including the possibility of introducing mandatory mediation for selected categories of small claims and commercial disputes.

At a press conference after the launch, Azalina said commercial disputes involving claims of RM250,000 and below are expected to be resolved within five days through the initiative.

“If possible, I want it done in less than five days. I want to push them (AIAC) to try to resolve it within three days. If all parties agree to meet, mediation can be resolved quickly. Otherwise, like court cases, it can take years to settle…and we cannot force the courts to expedite hearings,” she said.

The scope of commercial disputes covered, she said, includes services, supply, sale and purchase, trade and marketing, real estate, companies and partnerships, e-commerce, as well as the digital economy.

In a statement, Azalina added that mediation, when widely embraced, offers an effective out-of-court mechanism that can reduce unnecessary litigation while delivering faster and more practical outcomes for disputing parties.

“Behind every commercial dispute, there is a frozen asset, a strained relationship, a business decision held in limbo, disrupted cash flow and livelihoods placed at risk.

“The ripple effects of unresolved commercial conflicts on supply chains, employment stability, capital circulation and economic productivity are real and significant,” she said.

Meanwhile, AIAC chief executive officer Datuk Almalena Sharmila Johan, in her welcoming remarks at the launching ceremony, said the initiative is a direct manifestation of the centre’s profound responsibility to champion dispute resolution frameworks that are not only world-class in quality but also equitable and accessible in reach.

“In support of the Government of Malaysia's effort to broaden public access to justice through mediation, this initiative aims to offer complimentary, professionally administered mediation for commercial disputes valued at or under RM250,000,” she said, adding that applications can be made via walk-in or online.

Almalena also noted that these pro bono commercial mediation cases will be administered under a specialised protocol available in four main languages - Malay, Chinese, Tamil and  English.

AIAC Court of Arbitration President Datuk Mary Lim Thiam Suan, on the other hand, said while going to court can lead to an expensive and protracted process, mediation offers a healthy choice for disputing parties to regain control over their conflicts, repair relationships, and find long-term resolutions.

“Pro bono only means no charge; it does not mean no qualification or lesser expertise,” she said, emphasising that strict qualifying criteria are firmly in place to ensure high standards.

Lim highlighted that the initiative has drawn an overwhelming response from the legal community, noting that the AIAC records its appreciation and pride for the more than 150 mediators who have qualified and readily responded to the invitation, waiving remuneration for their time and effort.

-- BERNAMA