While I was writing my second findings chapter, I went online to see the recent legal status of mediation practice in Malaysia to be included in the discussion. I have been doing that on a monthly basis, and so far nothing much have changed since I came back from my data collection last year.
But today, upon googling the same matter, I found a new edition of a book on “Adr in business, practice and issues across countries and cultures”. The author was reporting on the recent application of ADR in some countries, including Malaysia. According to him the Malaysian Judiaciary issued a Practice Direction (PD) on Mediation late last August and currently being enforced.
I was suddenly having a PANIC ATTACK! Almost ‘luruh jantungku’ adus!!
How come the data never crossed my ‘online’ path before, I don’t know! But now that I knew about it, my mind is racing, processing how this change would affect the thesis. Huwaaaaaaaaa!!!! :-C
Whoooosaaaa,….whooosaaaa,…ok, lepas tarik nafas and selawat byk2… I plan my next action:
1) First I browse online and try to find the PD. Most sites, only refer to it, but no ‘real’ document about it, except for one site from – Sarawak – the most advance Malaysian state in Court Mediation practice and court technology. Phew…then I read it and assessed its contents. So far not so bad…
2) Then, I emailed two – three respondents. Asking for their responses on how the PD has affected their current practice in court. Although, deep down I feel there’s not much change from whatever is occuring right now, but I still need to be sure. You see the PD is only formalising the practice of applying mediation in the courts, which have been applied since early 2010. But now that it’s formalised, I am thinking on whether there’s a need to allocate some segment/section in the thesis where I need to analyse the effect of the PD and how far it affect the reforms suggested in my thesis.
3) The release of the PD also meant, I need to change the introduction and the contextual aspect of the thesis. Not only that, some of the arguments, I gave early on on the candidature would need to be readjust in line with this development. Aduss sedeynya… so much work. So much thinking needed to be undo and redo!
This is the unpredictability of PhD in action!