Kota Kinabalu: Court-annexed mediation is playing an increasingly important role in resolving disputes amicably while easing the burden on the judiciary, Kota Kinabalu High Court Judge Datuk Celestina Stuel Galid said.
Speaking at the Bicam Global ADR Horizons 2026 conference here Friday, she said mediation has become an indispensable pillar of modern justice as legal systems worldwide face increasing caseloads, rising litigation costs and growing public expectations.
She congratulated the Borneo International Centre for Arbitration and Mediation (Bicam) for organising the conference and launching its Pro Bono Mediation Initiative.
Celestina said Bicam continues to serve as an important platform for advancing alternative dispute resolution (ADR) and strengthening the administration of justice.
“Sabah courts recorded mediation success rates of between 18 and 80 per cent in civil cases between January and June this year,” she said.
For running-down cases, which are required to be referred to mediation under the Rules of Court 2012, the success rate ranged from 67 to 100 per cent.
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While some may regard an 18 per cent success rate as modest, she said each successful mediation often represents far more than a statistical achievement.
She said behind every successful mediation could be a reunited family, neighbours able to coexist again or businesses spared from prolonged litigation.
“That small percentage is an immeasurable success,” she said.
Celestina said judges today are not only tasked with deciding disputes but are also entrusted with helping parties reach mutually acceptable settlements while preserving relationships.
She said the Rules of Court 2012 and the judiciary’s practice directions encourage judges to identify suitable cases for mediation at every appropriate stage of proceedings.
She described court-annexed mediation as a shift from a culture of confrontation to one of collaboration.
“Justice is not always achieved by deciding disputes, but often by helping litigants resolve them,” she said.
Looking ahead, Celestina said one of the judiciary’s most promising initiatives is pre-action mediation, which encourages parties to attempt mediation before litigation begins.
She said the approach has the potential to reduce court congestion, minimise legal costs and promote dialogue as the first response to conflict rather than the last resort.
She said resolving disputes at the earliest appropriate opportunity reflects a significant shift in the approach to dispute resolution.
Celestina also welcomed Bicam’s Pro Bono Mediation Initiative, saying access to justice should never depend on a person’s financial means.
She said although mediation is generally more affordable than litigation, many individuals, families and small businesses still find the costs of dispute resolution beyond their reach.
The initiative, she said, would enable deserving parties to resolve disputes through mediation regardless of their financial circumstances.
She said it demonstrates that mediation is not limited to commercial disputes or high-value claims but is equally effective in resolving everyday conflicts affecting ordinary members of the community.
Celestina said the initiative complements the judiciary’s efforts to strengthen court-annexed mediation while making alternative dispute resolution more inclusive and accessible.
She said advances in technology, artificial intelligence and increasingly complex cross-border transactions will continue to shape the future of dispute resolution.
However, she said justice will always be best served when disputes are resolved fairly, efficiently and with humanity.
While some disputes will continue to require judicial determination, she said parties should be encouraged to resolve their differences through practical, sustainable and mutually acceptable solutions wherever appropriate.
“The future of justice will not be defined solely by the number of judgments delivered, but also by the number of disputes resolved with dignity, fairness and mutual understanding,” she said.
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