Importance Of Family Mediation

956 Words4 Pages
Mediation is a better option compared to litigation. Quick recap, it is vital to note that mediation is not a new concept. Narrowing down the scope to family mediation, it is well-known that family mediation had been recognised throughout the world with full merits, embracing the method as an alternative to court-based dispute resolution. In many big countries like the USA, it has now become routine practice. Note that, family mediation is growing like wild mushrooms in countries like Europe, South Africa and even Australia. In fact, some countries have even made it a must. Family mediation is being implemented domestically and internationally. Next, definitely family law disputes are the most unique and interesting as they involve a major…show more content…
However, there is not much literature on the subject. For instance, Sharifah Zaleha Syed Hassan, in her study, Managing Marital Disputes in Malaysia, was focusing on the methods practised by the Malays for resolving matrimonial disputes. From her study, it is observed that techniques such as arbitration, mediation and consultation used by counsellors, kathis and judges are the prime focus. Moving on, family mediation in Malaysia underwent three phases of development for what it is today, namely, pre-colonial, British colonial and post-independence. In light of the phases, during the pre-colonial and colonial eras and a few early years after independence, there were two methods of mediation in family dispute resolution practices mostly by the Malay-Muslim society. The first is mediation by informal institutions such as family members, neighbours and the village headman or also known locally as the Penghulu Kampung. This approach in the current day still exist although few studies indicates the decline due to the change in socio-economic. Next, the second method is mediation by the Syariah Court when laws required that such disputes be referred to court. In these cases, the mediation process have been clearly drawn line by the courts in two circumstances which are mediation to reconcile the parties and secondly, mediation to achieve a proper settlement in matters arising from a divorce. This is…show more content…
The benefits entrenched are to parties beyond the dispute, which regulates the children which are born of the relationship as well as subsequent partners. Moreover, evidence to support the existence of such pros as well as vital fiscal considerations that can be garnered not only from Malaysia but also throughout the world, with the high regard for family mediation. The Malaysian Government can no longer ignore such significant support for the method and definitely should adopt measures which will lead to its increased use in Malaysia. Next, it has been proven that litigation only makes things worse for the parties, their children and any subsequent partners and indeed society from all walks of life. Furthermore, it is very apparent that court processes are just a pain in the society due to the lengthy processes and what not. Hence, it is safe to say that litigation is no longer the best method or approach available in dealing with such disputes. Mediation is the new trend especially now in family
Open Document