Mandating Mediation in Family Law Conflict in Malaysia: Exploring Judges and Lawyers' Perspectives

30 Pages Posted: 27 Jun 2011

See all articles by Nor Fadzlina Nawi

Nor Fadzlina Nawi

La Trobe University - School of Public Health; Universiti Teknologi MARA (UiTM)

Date Written: 2011

Abstract

It is an assertion of this study that the benefits of making mediation mandatory clearly generally prevail over the potential harms for families, even when violence is an issue, provided that its design and realizations are carefully thought of. Thus, the current study is not concerned with whether or not mediation should be made mandatory in family disputes, but rather the best way in approaching its application and implementation in Malaysia. In line with this overall objective, this study was designed to explore the issues and concerns which relates to the establishment and development of a mandatory family mediation program especially from the perspectives of judges and lawyers, being the key informants and experts in contemporary civil family law practice in Malaysia. The findings reported in this paper highlighted the perceptions and expectations of the selected judges and lawyers on the probability of establishing a mandatory family mediation program and arising issues affecting its development in Malaysia. This study thus, is likely to assist policy makers in the country towards the development of a mandatory family mediation service that suits Malaysian civil law context.

Suggested Citation

Nawi, Nor Fadzlina, Mandating Mediation in Family Law Conflict in Malaysia: Exploring Judges and Lawyers' Perspectives (2011). IACM 24th Annual Conference Paper . Available at SSRN: https://ssrn.com/abstract=1872860 or http://dx.doi.org/10.2139/ssrn.1872860

Nor Fadzlina Nawi (Contact Author)

La Trobe University - School of Public Health ( email )

Australia

Universiti Teknologi MARA (UiTM) ( email )

Malaysia

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
127
Abstract Views
716
rank
234,085
PlumX Metrics