Strata Management Act 2013 · Updated to 8 Feb 2013 · Part IX · Disputes and Strata Management Tribunal
112. Negotiation for settlement
Official textFrom Laws of Malaysia Online, unchanged
The Tribunal shall, in respect of every claim within its jurisdiction, assess whether, in all the circumstances, it is appropriate for the Tribunal to assist the parties to negotiate an agreed settlement in relation to the matter.
Tribunal
“Tribunal” means the Strata Management Tribunal established under Part IX;
Without limiting the generality of subsection (1), in making an assessment, the Tribunal shall have regard to any factors that, in the opinion of the Tribunal, are likely to impair the ability of either or both of the parties to negotiate an agreed settlement.
Strata Management 113
Where the parties reach an agreed settlement, the Tribunal shall approve and record the settlement, and the settlement shall then take effect as if it were an award of the Tribunal.
award
“award” means a decision of the Tribunal on the substance of the dispute and includes any order on costs or interest but does not include any interlocutory order;
Where—
it appears to the Tribunal that it would not be appropriate for it to assist the parties to negotiate an agreed settlement in relation to the matter; or
the parties are unable to reach an agreed settlement in relation to the matter, the Tribunal shall proceed to determine the claim.
Terms defined in this Act
award
Defined · s 101“award” means a decision of the Tribunal on the substance of the dispute and includes any order on costs or interest but does not include any interlocutory order;
claim
Defined · s 101“claim” means a proceeding before the Tribunal between a claimant and a respondent.
Tribunal
Defined · s 2“Tribunal” means the Strata Management Tribunal established under Part IX;