Citation

Bastiampillai, Andriea (2025) Application of mediation in Medical Negligence Cases in Malaysia. Masters thesis, Multimedia University.

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Abstract

Medical negligence cases have been steadily increasing in Malaysia, arising when medical practitioners fail to meet expected standards of care, causing patient injury or death. Such cases can be resolved through court litigation, arbitration, or mediation. This research focuses on the application of mediation in medical negligence cases in Singapore, and United Kingdom, comparing these jurisdictions with Malaysia’s, particularly regarding alternative dispute resolution (ADR). Mediation, as a form of ADR, allows parties to reach mutually agreeable settlements, unlike arbitration or litigation. To achieve the research objectives, doctrinal legal research was conducted alongside interviews with experts in law, Mediation, and healthcare. The findings indicate that mediation in Malaysia, in medical negligence, remains underutilised due to limited awareness and understanding of its benefits. To address this, public education on mediation is necessary, and affected parties should be encouraged to resolve disputes amicably. Legislators and authorities must also support mediation's implementation by establishing proper administrative frameworks. Singapore and the United Kingdom's practices are preferred for their robust mediation frameworks, supported by legislation, infrastructure, and advocacy. Singapore’s Mediation Act 2020 and institutions like the Singapore Mediation Centre (SMC) promote mediation as an effective tool for resolving disputes. Similarly, the United Kingdom emphasises pre-action protocols and court-annexed mediation schemes, ensuring swift resolutions with minimal costs. These frameworks increase participation and public trust in mediation. This study encompasses the Singapore and the United Kingdom’s successful mediation practices, attributed to clear guidelines, structured procedures, and mediator training. However, adaptations are needed to fit Malaysia’s legal and cultural context. Introducing mediation is expected to enhance Malaysia’s civil justice process, making it a more organised and popular dispute resolution method in medical negligence dispute.

Item Type:	Thesis (Masters)
Additional Information:	Call No.: K4365 .A53 2025
Uncontrolled Keywords:	Medical personnel—Malpractice
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law (FOL)
Depositing User:	Ms Nurul Iqtiani Ahmad
Date Deposited:	07 Apr 2026 01:28
Last Modified:	07 Apr 2026 01:28
URII:	http://shdl.mmu.edu.my/id/eprint/15698

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