Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective

In dealing with custody and visitation disputes especially, mediation is generally considered as a process more humane than the confrontational approach taken in the adversarial system, (Pearson and Thoennes 1989). Mediation is claimed to not only avoid adversary settlement procedures, but also to b...

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Main Author:	Abdul Hak, Nora
Format:	Conference or Workshop Item
Language:	English
Published:	2012
Subjects:	H Social Sciences (General) K Law (General)
Online Access:	http://irep.iium.edu.my/26366/ http://irep.iium.edu.my/26366/1/Gaziantep_Turkey_Presentation.pdf

id	iium-26366
recordtype	eprints
spelling	iium-263662012-11-28T06:01:02Z http://irep.iium.edu.my/26366/ Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective Abdul Hak, Nora H Social Sciences (General) K Law (General) In dealing with custody and visitation disputes especially, mediation is generally considered as a process more humane than the confrontational approach taken in the adversarial system, (Pearson and Thoennes 1989). Mediation is claimed to not only avoid adversary settlement procedures, but also to be a ‘family-friendly’ intervention program employed in helping post-separating families deal with divorce and conflict (Emery et al. 2005). The focus of mediation is encouraging the parties to solve their conflict amicably. Moreover, according to Vincent (1996, p. 264), in mediation involving custody disputes, the decision about the children’s future is shifted to their parent: the people who know them best. Other commentators, including Menkel-Meadow (1991), also maintain that the informal and flexible nature of the mediation process enables the parties to address issues that might not be raised in a more formal dispute settlement approach. In fact, rather than restricting the decision making process to legal matters, mediation accommodates to the prospective needs and interest of the parties, leading to a whole and more satisfactory resolution in most cases. Thus, the paper focuses on the use of mediation in custody and visitation disputes looking at the nature of mediation, its advantages and disadvantages; and its challenges and future in Malaysia. 2012 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/26366/1/Gaziantep_Turkey_Presentation.pdf Abdul Hak, Nora (2012) Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective. In: International Conference on Global Issues of Early Childhood Education and Children’s Rights, 27-29 April 2012, Zirve University, Gaziantep, Turkey. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	H Social Sciences (General) K Law (General)
spellingShingle	H Social Sciences (General) K Law (General) Abdul Hak, Nora Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective
description	In dealing with custody and visitation disputes especially, mediation is generally considered as a process more humane than the confrontational approach taken in the adversarial system, (Pearson and Thoennes 1989). Mediation is claimed to not only avoid adversary settlement procedures, but also to be a ‘family-friendly’ intervention program employed in helping post-separating families deal with divorce and conflict (Emery et al. 2005). The focus of mediation is encouraging the parties to solve their conflict amicably. Moreover, according to Vincent (1996, p. 264), in mediation involving custody disputes, the decision about the children’s future is shifted to their parent: the people who know them best. Other commentators, including Menkel-Meadow (1991), also maintain that the informal and flexible nature of the mediation process enables the parties to address issues that might not be raised in a more formal dispute settlement approach. In fact, rather than restricting the decision making process to legal matters, mediation accommodates to the prospective needs and interest of the parties, leading to a whole and more satisfactory resolution in most cases. Thus, the paper focuses on the use of mediation in custody and visitation disputes looking at the nature of mediation, its advantages and disadvantages; and its challenges and future in Malaysia.
format	Conference or Workshop Item
author	Abdul Hak, Nora
author_facet	Abdul Hak, Nora
author_sort	Abdul Hak, Nora
title	Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective
title_short	Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective
title_full	Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective
title_fullStr	Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective
title_full_unstemmed	Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective
title_sort	mediation as a solution for child custody and visitation disputes : the malaysian perspective
publishDate	2012
url	http://irep.iium.edu.my/26366/ http://irep.iium.edu.my/26366/1/Gaziantep_Turkey_Presentation.pdf
first_indexed	2023-09-18T20:39:18Z
last_indexed	2023-09-18T20:39:18Z
_version_	1777409257677783040

Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective

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