Brunei has seen a steady increase in mediation cases and in his 2022 legal year speech, Brunei Darussalam’s Chief Justice shared that several suitable cases had been referred to mediation, with some successfully resolved within a day or two.
Successful mediations have not only eased the burden on the country’s court system but also exemplify the effectiveness of mediation in providing timely and mutually agreeable solutions, reflecting the growing confidence and effectiveness of both mediation and arbitration as key components in the dispute resolution framework.
Attorney General Datin Seri Paduka Hajah Nor Hashimah binti Haji Mohammed Taib said this in her keynote address at the opening of a strategic conflict management for professionals course organised by the Brunei Darussalam Arbitration Centre (BDAC) yesterday.
In line with the strategic plan of the Prime Minister’s Office, she hopes the course will further enhance access to justice by increasing the number of accredited mediators available to carry out mediation as an alternative to court proceedings.
“The mediation skills introduced are versatile and extend well beyond formal mediation settings. These skills are applicable in professional environments but also invaluable in everyday life. They can be effectively used to resolve conflicts on communal, organisational, or personal levels, enhancing communication and fostering understanding in various contexts,” she said.
Meanwhile, BDAC chairman Radin Safiee bin Radin Mas Basiuni said, “Mediation offers a constructive and proactive approach to resolving disputes, emphasising collaboration and mutually agreeable solutions. It empowers parties to maintain control over their outcomes, fostering lasting resolutions and minimising the potential for future conflicts.”
He also revealed that BDAC has a panel of 33 mediators – 19 local and 14 international experts, adding that among the local mediators, eight are SMC-BDAC accredited. “We hope this training programme will further increase the number of qualified mediators at BDAC,” he said, noting that the centre has launched several initiatives to promote its services.
The number of cases registered with BDAC has risen from four in 2022 to over 24 this year.
On the international front, BDAC has engaged with key institutions in Singapore, including the Singapore International Arbitration Centre and the Singapore International Dispute Resolution Academy, to share best practices and foster closer collaboration.
The conflict management course aims to equip participants from the public and private sectors with skills in conflict resolution. Sessions cover the nature of conflict, dispute dynamics and resolution techniques, with practical role-plays conducted by trainers from the Singapore Mediation Centre Loong Seng Onn and Zechariah JH Chan.
As part of the programme, a written assessment, the Mediation Skills Assessment (MSA) will be held on October 9-10 and successful participants will be accredited as mediators and recognised globally.
BDAC aims to expand the pool of professionals specialising in mediation and promote alternative dispute Resolution (ADR) in the Sultanate.
BDAC to date has produced 51 SCMP alumni, with 23 accredited as mediators. – James Kon
