Developing a Structured Framework of Mediation Language (MedL) for Syariah Court Mediators in Malaysia

Language becomes vital and integral in all aspects of mediation process. The competencies of the mediator in language contribute to the success of a negotiation process. The success of the mediation process not only depends on a well-structured process but also on the skills of mediators. Apart from being bounded to the basic principles of mediation, which are, fair, just (impartial) and neutral, a mediator needs verbal communication skills. In linguistics, it is called negotiation language. Negotiation language in mediation is unique, different from the negotiation language of other dispute resolution methods such as arbitration and litigation. This uniqueness becomes the main key to successful mediation process. It emphasises on the mediator’s competency as the third party in creating a positive communication environment for both conflicting parties. The mediator must be trained with verbal skills, have the ability to change the negative elements into positive connotations without changing the real meanings conveyed by both parties through the right usage of diction, language and sentences. This study, therefore, seeks to identify the elements of negotiation language in mediation. Manuals of Sulh (Islamic mediation) that is used in the Syariah Courts of Malaysia are analysed using a linguistic, namely Lepsin Model. Following the Lepsin Model, a MedL Handbook / Manual will be developed. The result shows that a mediation language for specific purpose can be systematically developed for specific used such that at Syariah Court during mediation session and the like. This model will strengthen mediator’s capability as negotiator as well as lead to a more successful process and achieve settlement. This study hopes to develop a negotiation language corpus in mediation that can be utilised as reference by mediators. As a dynamic process mediation should be strengthened in all aspects to become an effective platform of dispute resolution that contribute to a successful negotiation.