Mediation Settlement Agreement
Mediation Settlement Agreement
Mediation Settlement Agreement
(“The Agreement”)
BETWEEN
(NRC: 760102-04-1323)
AND
The parties have agreed to settle the dispute and wish to enter an amicable settlement based on the
terms and condition below.
2. The Parties will be communicating to each other as usual, but the communication is strictly
limited to formal and urgent matters only.
3. The Respondent requested for a comprehensive breakdown of the medical costs has been
accepted by both parties and it will change to the amount of RM230,000 for surgery and RM1,500
per month for a cost of the treatment.
4. After the documentary evidence of the claimant has been presented, both parties agreed that
the respondent need to pay RM 1,000 Per day to the plaintiff due to loss of income.
5. All the breakdown of the claim cost alleges that the death of Danish Bin Razman was a result
of medical negligence on the part of Dr. Saravanan and Hospital Kerajaan Langit.
6. This Agreement is in full and final settlement of any cause of action whatsoever which the
Parties have against each other.
7. This Agreement is the entire agreement between the Parties and supersedes all previous
agreements between the parties, if any in respect of matters the subject of the Mediation.
8. If any dispute arises out of this Agreement, the Parties will attempt to settle it by mediation
before resorting to any other means of dispute resolution. To institute any of such mediation, a party
must give notice to the mediator of the Mediation. Insofar as possible, the terms of the Mediation
Agreement will apply to any such further mediation. If no legally binding settlement of this dispute is
reached within 28 days from the date of the notice to the Mediator, either party may institute court
proceedings or refer the dispute to arbitration under the Arbitration Act 2005.
9. The Parties will keep confidential to themselves and not use for any collateral or ulterior
purpose the terms of this Agreement except insofar as is necessary to implement and enforce any of
its terms.
10. The Agreement shall be governed by, construed, and take effect in accordance with
Malaysian law. The courts of Malaya shall have exclusive jurisdiction to settle any claim, dispute or
matter of difference which may arise out of, or in connection with this agreement
Signed
For and behalf of First Parties For and behalf of Second Parties
Mediator’s Signature
NRIC: 950821-10-1015