Abstract

Early Neutral Evaluation and mediation are claimed to be suitable alternative dispute resolution mechanisms for resolving a myriad of civil cases. Regrettably, very little information is known as to how viable is the combining of these two mechanisms in resolving complex civil cases in Malaysia. The purpose of this study was to explore the viability of Early Neutral Evaluation and mediation in resolving complex civil cases. This study investigated the distinctive features and goals of Early Neutral Evaluation; and circumstances which provide the possibility for the referral of Early Neutral Evaluation in supporting the process of mediating complex civil cases in the civil courts of Malaysia. This study found that, subject to certain modification of the Rules of Court 2012, Early Neutral Evaluation can be used as a viable mechanism to resolve complex civil cases. The referral to Early Neutral Evaluation also improves and supports the understanding of the disputants on the issues surrounding complex cases in a follow-up mediation session. It is expected that this study will contribute significantly to developing a model for resolving complex civil cases involving the referral of Early Neutral Evaluation and mediation in Malaysia.

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