Revista da EMERJ - V. 20 - N. 2 - Maio/Agosto - 2018

 R. EMERJ, Rio de Janeiro, v. 20, n. 2, p. 73 - 115, Maio/Agosto 2018 104 -The Construction Industry Development Board (CIDB); -Securities Industry Dispute Resolution Center (SIDREC); -The Ombudsman Financial Services – mediation for banking and insurance dispute; d) mediators conducting mediation at various Tribunals in- cluding the following: -The Home Buyers Tribunal; -The Consumer Tribunal; e) Legal Aid Department – legal aid officers cum mediators conducting family mediation and f) private Mediators Is there a law that defines who can perform mediation? The statute that governs mediation in Malaysia is the Mediation Act 2012 (the Act). The Act applies to all mediators who fall within the definition of mediator as provided for in Section 7(2) of the Act. “Section 7 (2) of the Act stipulates that a mediator shall- (a) possess the relevant qualifications, special knowledge or ex- perience in mediation through training or formal tertiary education; or (b) satisfy the requirements of an institution in relation to a mediator.” Section 7(2) (a) of the Act provides a wide definition as to who can be a mediator. The term ‘relevant qualification’, ‘special knowledge or experience’ or ’formal tertiary education’ has not been defined in the Act and is open to interpretation. All private media- tors would have to satisfy Section 7(2) (a) of the Act to practice as a mediator in Malaysia. By virtue of Section 7(2) (b) of the Act, the mediators, attached to the various institutions mentioned in category 1(c) above, would have to fulfil the requirements of their respective institutions to prac- tice as a mediator. However, Section 2(b) of the Act provides that the Act shall not apply to ‘any mediation conducted by a judge, magistrate or officer of the court pursuant to any civil action that has been filed in court’. As such, all court appointed mediators do not have to fulfil the re- quirements mentioned in Section 7(2) (a) of the Act.