The judiciarys Rules Committee is studying a proposal to amend Order 34 of the High Court Rules to make it mandatory for parties to refer their civil disputes to the Bar Council's Malaysian Mediation Centre (MMC).

The Council's alternative dispute resolution (ADR) committee chairperson Kuthubul Zaman Bukhari said once this is done, the MMC will be able to assist the courts in reducing the huge backlog totalling some 300,157 cases as of last September.

Apart from amending the High Court Rules, he said there was also a suggestion for the judiciary to issue a practice direction to the same effect as a more expedient measure.

Kuthubul Zaman presented the proposals in his paper The roles and the effectiveness of the Malaysian Mediation Centre at a national seminar on ADR organised by the Legal Affairs Division of the Prime Minister's Department in Putrajaya on Feb 4 and 5.

The feedback from the law experts who attended the seminar will be presented to the cabinet.

The above proposals were recommended by the Malaysian Legal Study Group comprising four lawyers, two High Court judges and a High Court Registrar, after their visit last October to several lower and higher courts in California to study the implementation of the ADR concept there.

Advice on reforms

Kuthubul Zaman said the study group recommended the establishment of Bench-Bar committees to oversee and advise the reforms.

"Members of these committees should be senior and respected, although the views of all should also be incorporated.

"One specific recommendation is a joint-committee to oversee the administration of the panel of evaluators and mediators that will serve as the receptacle for court-annexed ADR," he said.

Kuthubul Zaman said the study group also recommended establishing committees to oversee the education of the Bench, Bar and the public on related matters.

He also said that some 300 lawyers have been trained in ADR by the Council and other relevant agencies.

Last week, Minister in the Prime Minister's Department Dr Rais Yatim said he has urged the judiciary to amend court procedures to include ADR to allow for the out-of-court settlements for litigants in civil suits.

Rais said he will also consult Chief Justice Mohamed Dzaiddin Abdullah to ensure that the proper mechanism is in place by this year.