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Mediation Consent Order Template for Malaysia

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Key Requirements PROMPT example:

Mediation Consent Order

"I need a Mediation Consent Order for a commercial dispute settlement between two Malaysian companies, with a staged payment plan totaling RM 500,000 to be completed by March 2025, including confidentiality provisions and non-admission of liability clauses."

Document background
The Mediation Consent Order is a crucial document in the Malaysian alternative dispute resolution landscape, used to convert mediated settlements into enforceable court orders. It is typically employed after successful mediation sessions where parties have reached a mutual agreement and wish to have their settlement terms formally recognized and enforceable by the court. The document must comply with the Malaysian Mediation Act 2012, Practice Direction No. 4 of 2016 on Mediation, and the Rules of Court 2012. This type of order is particularly valuable as it combines the flexibility and cost-effectiveness of mediation with the certainty and enforceability of a court order, making it an effective tool for dispute resolution across various sectors. The content typically includes detailed settlement terms, implementation timelines, and specific obligations of all parties involved.
Suggested Sections

1. Title and Case Reference: Formal court heading including case number, division, and parties' names

2. Parties: Full identification of all parties involved in the mediation, including their legal status and addresses

3. Background: Brief recital of the dispute's nature and the mediation process that led to this agreement

4. Definitions: Key terms used in the consent order defined for clarity and consistency

5. Declaration of Agreement: Statement confirming parties have reached agreement through mediation

6. Terms of Settlement: Clear and specific details of the settlement terms agreed upon by all parties

7. Payment Terms: If applicable, specific details about any monetary settlements, including amounts, payment schedule, and method

8. Compliance Timeline: Specific deadlines and dates for fulfilling the agreed terms

9. Confidentiality: Terms regarding the confidentiality of the mediation process and settlement terms

10. Full and Final Settlement: Clause confirming this is a full and final settlement of all claims

11. Enforcement: Provisions regarding the enforcement of the consent order

12. Governing Law: Confirmation that the order is governed by Malaysian law

13. Execution: Signature blocks for all parties, their representatives, and space for court endorsement

Optional Sections

1. Costs: Details of legal costs and how they are to be handled, if costs are part of the settlement

2. Non-Admission of Liability: Statement that the settlement does not constitute admission of liability, if required

3. Future Dispute Resolution: Mechanism for resolving any future disputes about the interpretation or implementation of the consent order

4. Third Party Rights: Provisions regarding the rights of any third parties affected by the settlement

5. Insurance and Indemnity: Provisions regarding insurance obligations or indemnification, if relevant

6. Intellectual Property Rights: Provisions dealing with IP rights if relevant to the settlement

7. Continuing Obligations: Any ongoing obligations that survive the main settlement terms

Suggested Schedules

1. Schedule A - Payment Schedule: Detailed breakdown of payment terms, amounts, and dates if monetary settlement is involved

2. Schedule B - Assets or Property Details: Detailed description of any assets or property involved in the settlement

3. Schedule C - Implementation Timeline: Detailed timeline for implementing various aspects of the settlement

4. Appendix 1 - Related Documents: Copies of relevant documents referenced in the main agreement

5. Appendix 2 - Court Documents: Copies of relevant court documents or previous orders

6. Appendix 3 - Mediator's Certification: Certification from the mediator confirming the settlement was reached through mediation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





















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Relevant Industries

Legal Services

Financial Services

Insurance

Construction

Real Estate

Manufacturing

Healthcare

Retail

Technology

Professional Services

Energy

Transportation

Education

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Corporate Secretariat

Human Resources

Operations

Finance

Business Development

Project Management

Executive Leadership

Dispute Resolution

Relevant Roles

Legal Counsel

Mediator

Compliance Officer

Risk Manager

Corporate Secretary

Claims Manager

Contract Manager

Dispute Resolution Specialist

Human Resources Director

Chief Legal Officer

Company Secretary

Business Development Manager

Project Manager

Operations Director

Chief Executive Officer

Chief Financial Officer

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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Mediation Consent Order

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A legally binding agreement under Malaysian law that establishes the framework and terms for a formal mediation process between disputing parties.

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Mediation Confidentiality Agreement

A Malaysian law-compliant agreement establishing confidentiality obligations for all parties involved in mediation proceedings.

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Alternative Dispute Resolution Agreement

A Malaysian law-governed agreement establishing procedures for alternative dispute resolution, including mediation and arbitration processes.

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