An Exploratory Study of The Best Practices of Dispute Resolution in

AN EXPLORATORY STUDY OF THE BEST PRACTICES OF DISPUTE RESOLUTION IN STRATA TITLED PROPERTIES MANAGEMENT IN MALAYSIA

Assoc. Prof. Dr. Nor Asiah Mohamad (Leader)
Dr. Azlinor Sufian

[International Islamic University Malaysia (IIUM)]

ABSTRACT

This research aims to find out whether the alternative dispute resolution (ADR), in particular mediation, would provide the best mechanism to resolve disputes involving strata properties in Malaysia. This research analyses various literatures including the statutes, case law, reports, conducts surveys, organizes focused group discussions, and seminars, learning from the best practices by comparing the practices and policies employed in other jurisdictions. The study reveals the various types and nature of disputes in strata management. Careful consideration of these findings has resulted in a decision that an alternative dispute resolution is needed to cater to different natures of disputes in strata living. The existing modes to adjudicate and litigate the problems do not fit all types of strata properties disputes. The present research develops a few models of Alternative Dispute Resolution. It is shown that the trend in all jurisdictions seems to give room for ADR in addition to the existing Tribunal system.

(Keywords: strata, alternative dispute resolution, mediation, Tribunal)