Developing a Mandatory Family Mediation Program in Malaysian Muslim Society: Some Lessons for the Civil Family Law in Malaysia

Conference Booklet - Sydney University Postgraduate Law Conference, 2011

17 Pages Posted: 20 Nov 2011

See all articles by Nor Fadzlina Nawi

Nor Fadzlina Nawi

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

Date Written: October 28, 2011

Abstract

Despite studies that have posited mediation as being a less traumatic resolution process for family law disputes post-separation, voluntary mediation in Malaysia attracts relatively few cases. Hence, in an attempt to promote the benefits of mediation and the need for a more efficient administration of justice, the Malaysian government through the Attorney General’s Chambers (AGC) of the Prime Minister’s Department is also considering the move of mandating mediation. However, turning mediation into a mandatory form raises several issues of concerns that may require lawyer intervention and advocacy. This paper argues that in the development and implementation of a mandatory family mediation program in the Malaysian civil system, lawyers should be given an increased role. A cooperative working relationship is essential in protecting and safeguarding parties in cases where there is an imbalance of power between the parties and thus able in protecting parties from being unduly influenced into accepting an unfair agreement.

Keywords: Family Mediation, Lawyer

Suggested Citation

Nawi, Nor Fadzlina, Developing a Mandatory Family Mediation Program in Malaysian Muslim Society: Some Lessons for the Civil Family Law in Malaysia (October 28, 2011). Conference Booklet - Sydney University Postgraduate Law Conference, 2011, Available at SSRN: https://ssrn.com/abstract=1961939

Nor Fadzlina Nawi (Contact Author)

La Trobe University - School of Public Health ( email )

Australia

Universiti Teknologi MARA (UiTM) ( email )

Malaysia

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