Gunavathi Subramaniam

Gunavathi Subramaniam

Gunavathi Subramaniam

LEGAL EXPERIENCE

  • Practicing as a litigation lawyer since being called to the Malaysian Bar in February, 1987.
  • Partner in Messrs Nazri Aziz & Wong from 1992 till 1997.
  • Legal assistant in Messrs Mahani Hamid & Yasmeen from 1997 till 2006
  • Legal assistant in Messrs Rosley Zechariah from 2006 till present
  • Main areas of practice are mediation, arbitration, commercial law and banking law which includes general debt recovery, personal loan and commercial loan recovery, foreclosures, hire-purchase, factoring, leasing, credit-card, insurance and other general litigation.
  • Litigated numerous cases in the High Courts, Court of Appeal and Federal Court.

MEDIATION SKILLS QUALIFICATIONS

  • Introductory Level (12 Hours) Mediation Training Workshop, organized by the Bar Council, and conducted by the Singapore Academy of Law, October, 1999
  • Intermediate Level (40 hours) course on Mediation Training, conducted by the Accord Group, Australia, January, 2000 ( Accredited mediator of the Western Australian Dispute Resolution Service of the Law Society of Western Australia)
  • Accredited as a pioneer mediator of the Malaysian Mediation Center, Bar Council, April, 2000
  • Advanced Mediation Training Workshop (with a special focus on family mediation and Myers Briggs Type Indicator [MBTI]), conducted by Dr Martha Peters (Director, Academic Achievement Program University of Iowa College of Law) and Professor Don Peters (Director, Institute of Dispute Resolution Levin College of Law, University of Florida),   August 2000
  • Accredited as a mediator of Lawyers Engaged in Alternative Dispute Resolution (“LEADR”) Sydney, Australia, April 2002
  • Selected by the Malaysian Bar Council and funded by the Canadian High Commission to attend the “Intermediate and Advanced Negotiation and Mediation Workshop” in Toronto and Ottawa, conducted by the Stitt Feld Handy group in 2004 which included visits to the courts in Toronto and Ottawa to observe mediation carried out in the ADR courts.
  • Attended a five-day workshop entitled “Envisioning, Designing and Implementing ADR in the Courts” in San Francisco in June 2011 

ADMINISTRATIVE AND ORGANIZATIONAL SKILLS IN MEDIATION

  • Responsible for the preparation of the working paper for the establishment of the Malaysian Mediation Center of the Bar Council, Malaysia in 1998
  • Responsible for drawing up the “Mediation Kit” of the Malaysian Mediation Center, which includes the “Mediation Rules”, and the mediators “Code of Conduct” in 1999
  • An active member of the Alternative Dispute Resolution Committee of the Bar Council, Malaysia since its inception in 1999 to date.
  • Prepared the guidelines for accreditation of mediators onto the panel of the Malaysian Mediation Center, Bar Council
  • Prepared the training manual for conducting mediation workshops for and on behalf of the Malaysian Mediation Center, Bar Council
  • Appointed to co-ordinate and conduct mediation training workshops for accreditation of mediators onto the panel of mediators of the Malaysian Mediation Center, Bar Council
  • Appointed to sit as the head of the “Accreditation Committee of the Bar Council” for appointment of mediators on to the Bar Council’s panel of mediators
  • Drafted the “Mediation Act” for and on behalf of the Bar Council of Malaysia and attended deliberations on the said Act, at the Attorney General’s office
  • Appointed to sit on the organizing committee of the Asian Mediation Association Conference hosted by the Malaysian Mediation Center of the Bar Council held on February 24 and 25, 2011. Responsible for the selection of topics and speakers for the Conference and was appointed to sit as programme chair for the Conference.

MEDIATION TRAINING AND TEACHING EXPERIENCE

  • Part-Time Lecturer at the Faculty of Law University Malaya from year 1999 to date for the Master of Laws in Alternative Dispute Resolution.
  • Developed and conducted the mediation skills training programme as part of the Alternative Dispute Resolution Master of Laws programme, (the first programme of its kind) for postgraduate students at the Faculty of Law University Malaya in 2002.
  • Conducted continuing legal education in negotiation and mediation programmes for the faculty of Law University Malaya, and also had the opportunity to teach with Dr. Martha Peters and Professor Don Peters from the United States of America in July 2001 on mediation, mediation advocacy and negotiation theory.
  • Presents mediation lectures for chambering students on a regular basis for the Bar Council under the compulsory Ethics lectures programme.
  • Conducts mediation workshops and seminars for the Bar Council on negotiation and mediation.
  • Under the auspices of the Bar Council and the Malaysian Mediation Center, facilitated the following workshops as a coach:
  • Five-day mediation workshop conducted by LEADR in Kuala Lumpur in August 2000 and in April 2001;
  • Five-day mediation workshop conducted by LEADR in Kota Kinabalu, Sabah in 2002
  • Five-day mediation workshop conducted by the Accord Group in Kuala Lumpur in 2006, 2007 and 2008
  • Presented numerous seminars and speeches on behalf of the Malaysian Mediation Center of the Bar Council, to promote mediation to lawyers around the country.
  • Presented briefing at a meeting and discussion on mediation to senior officials from Nepal comprising The Minister of Law, Justice and Parliamentary Affairs of Nepal, Registrar of the Supreme Court and Judge of the Appellate Court of Nepal in 2004.
  • Presented talks on mediation and negotiation to Bumiputra Commerce Bank and The Malaysian Institute of Accountants during a road-show on mediation conducted by the Bar Council in 2005
  • Presented talk on “Mediating Sports Disputes” to the Malaysian Olympic Council in 2006 and May 2008
  • Presented a talk to doctors at Gleneagles Hospital on “Mediating Medical Disputes” in May 2008
  • Conducted a three-day mediation skills training workshop for The Institute of training for Judges and Judicial Officers(ILKAP) in 2007, 2008, 2009 and 2010, 2011,2012, 2015 and 2016
  • Conducted a five-day mediation and award writing workshop for the mediators of “The Financial Mediation Bureau” in 2010
  • Conducted a five-day mediation and negotiation skills training workshop under “The Malaysian Technical Cooperation Programme” for judges and judicial officers from various countries including Myanymar, Nepal, Indonesia, Cambodia, Nigeria, Thailand, Brunei and India in 2008, 2009, 2010 and 2011
  • Conducted a five-day mediation and negotiation skills training workshop for the officers of Institut Latihan Kehakiman dan Perundangan in 2011 
  • Conducted a five-day mediation skills training workshop for the final year undergraduates at the Law Faculty, University Malaya in March, 2010, March, 2011 and February 2012
  • Conducted a five-day mediation workshop for Executives and Officers of “The Central Bank Malaysia” in October, 2010 and a three day mediation workshop in February, 2011 and March 2012
  • Conducted a three-day mediation workshop for Sessions Court and High Court Judges and judicial officers in East Malaysia (Sabah & Sarawak) in December,2010
  • Conducted a five-day mediation workshop for the legal officers at ILKAP in May, 2011 and 2012
  • Conducted a three-day mediation workshop for magistrates and Sessions court judges and registrars in September, 2011
  • Presented a one day “Refresher Workshop for the qualified Mediators of Sabah and Sarawak, organised by the Sabah Law Association on 19th January, 2011 at Kota Kinabalu, Sabah.
  • Presented a one day talk to officers from the Industrial Relations Department of Malaysia in October, 2011
  • Conducted a three-day mediation workshop from 19 -21, October, 2011 for commissioners and officers of the Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM)
  • Presented a one-day seminar on “The Mediation Act 2012- its Scope and Effect” held on September 11, 2012 for professionals and on April 30, 2013 for the Bar Council
  • Presented a seminar in December 2012 on the use of mediation in resolving construction disputes to “The Royal Institute of Quantity Surveyors of Malaysia”.
  • Presented a 3-day workshop on mediation skills to the University Malaya undergraduates in March 2013
  • Presented a seminar in University Malaya for visiting “Judges from Thailand” on mediation in Malaysia in October, 2013
  • Presented a seminar on “Psychology of effective communication” to judges and judicial officers at ILKAP in October ,2013 , 2014, 2015 and 2016
  • Presented a seminar on “Mediation Advocacy” in April, 2014 for the Bar Council
  • Conducted a two-day negotiation and mediation workshop for “The Roundtable of Sustainable Palm Oil” (RSPO)* organization on June 3-4, 2014
  • Conducted a five days mediation skills training workshop for “The Roundtable of Sustainable Palm Oil” (RSPO)* organization from June 15 – 20, 2014
  • Conducted a five-day mediation skills training workshop for The Central Bank of Malaysia” in 2013,2014 and 2015
  • Conducted a two-day mediation workshop for RSPO on October 1-2, 2014
  • Conducted a two-day mediation workshop for RSPO on October 8-9, 2014
  • Conducted a five-day mediation skills training workshop for judicial and legal officers at the judges’ institute at ILKAP from September 7—11,2015
  • Conducted a five-day mediation skills training workshop for judicial and legal officers at the judges’ institute at ILKAP from October 5-9,2015
  • Conducted a two-day workshop on Conflict Resolution in Schools for Leap Ed from January 14-16, 2016
  • Conducted a three-day mediation skills training workshop for The Institute of training for Judges and Judicial Officers(ILKAP) in April 2016
  • Conducted a five-day mediation skills training workshop for judicial and legal officers at the judges’ institute at ILKAP from August 8—12,2016
  • Conducted a five day mediation skills training workshop for the Central Bank of Malaysia from September 5-9, 2016

Mediation Workshops conducted in 2017

  • Conducted a two-day introduction to negotiation and mediation skills training workshop for judges and the judicial and legal officers organized by The Kuala Lumpur Court Mediation Center in January 2017
  • Conducted a five-day mediation skills training workshop for judges, judicial and legal officers from April 1 – 5 ,2017
  • Conducting a 5-day mediation skills training workshop for judges and judicial officers from August 21-25, 2107 

CONFERENCE & SEMINAR PRESENTATIONS

  • Presented a paper entitled “Mediation and the Courts – The Right Approach” at the Malaysian Law Conference, held in July, 2010
  • Presented a paper entitled “Mediating inter-religious and inter-race marriage disputes” at the Asian Mediation Association Conference , held in February, 2011
  • Panelist and speaker during the “Seminar on Malaysia’s new Mediation Act” held on July 3, 2012 at the Attorney General Chambers office and presented views on the practice of Mediation in Malaysia.
  • Speaker at the “Overview of the Mediation Act 2012” seminar held at the Attorney General Chambers office in June 2012
  • Presented a paper entitled “Comparative ADR in the Asia Pacific Region” (The progress in Malaysia) at the plenary session of the ADR Conference in Singapore, held on October 4 and 5th, 2012
  • Trainer and speaker at the “Mediation and Negotiation Training for National Human Rights Institutions” organized by the Commonwealth Secretariat, United Kingdom from August 11-15 August, 2014 in Kuala Lumpur
  • Presented a paper entitled “Is Mediation of Medico-Legal Disputes a feasible alternative to litigation?” during the APHM International Healthcare Conference & Exhibition on 17th June, 2015
  • Presented a paper on “Mediating Medical Negligence Disputes” on 19 November, 2015 to The Malaysian Medical Association.
  • Presented a paper on “An Introduction to ADR and Mediation for Resolving Construction Disputes” on the 22, October, 2015 and 2016 to the Institute of Engineers and The Construction Industry Development Board
  • Presented a paper at the Malaysian Ophthalmology Society conference on “Mediating Medico-legal disputes” on 25, March, 2017

MEDIATION CASES

  • Successfully mediated several civil, commercial and family disputes in Kuala Lumpur including divorce, child custody, inter religious dispute concerning conversion of religion issues, insurance disputes, contractual disputes, landlord and tenant and shareholders disputes. 

PUBLICATION  

Mediation and the Courts – The Right ApproachThe Law Review 2010(4), Sweet & Maxwell Asia

 

Banking and Financial Services, Intellectual Property, International Arbitration, M&A Disputes, Mediation

w-122, Second Floor, Greater Kailash-2

Admitted as an advocate and solicitor of the High Court of Malaya, February, 1987

Bachelor of Laws (LLB Hons) University Malaya, 1986
Master of Laws, University Malaya, 1998

English
Malasya

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