Mediation in custody disputes: challenges and prospects in Malaysia

In dealing with custody 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-fri...

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Main Author:	Abdul Hak, Nora
Format:	Article
Language:	English
Published:	Institut Sosial Malaysia & Faculty of Human Ecology, UPM 2012
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/6537/ http://irep.iium.edu.my/6537/6/Mediation_in_custody_dispute.pdf

id	iium-6537
recordtype	eprints
spelling	iium-65372015-04-21T03:55:00Z http://irep.iium.edu.my/6537/ Mediation in custody disputes: challenges and prospects in Malaysia Abdul Hak, Nora K Law (General) KPG Malaysia In dealing with custody 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) and Sander (1984), 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 will focus on the use of mediation in custody disputes looking at the nature of mediation, its advantages and disadvantages; and its challenges and future in Malaysia. Institut Sosial Malaysia & Faculty of Human Ecology, UPM 2012 Article PeerReviewed application/pdf en http://irep.iium.edu.my/6537/6/Mediation_in_custody_dispute.pdf Abdul Hak, Nora (2012) Mediation in custody disputes: challenges and prospects in Malaysia. International Journal of Social Policy and Society, 9. pp. 59-72. ISSN 1823-0865
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Abdul Hak, Nora Mediation in custody disputes: challenges and prospects in Malaysia
description	In dealing with custody 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) and Sander (1984), 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 will focus on the use of mediation in custody disputes looking at the nature of mediation, its advantages and disadvantages; and its challenges and future in Malaysia.
format	Article
author	Abdul Hak, Nora
author_facet	Abdul Hak, Nora
author_sort	Abdul Hak, Nora
title	Mediation in custody disputes: challenges and prospects in Malaysia
title_short	Mediation in custody disputes: challenges and prospects in Malaysia
title_full	Mediation in custody disputes: challenges and prospects in Malaysia
title_fullStr	Mediation in custody disputes: challenges and prospects in Malaysia
title_full_unstemmed	Mediation in custody disputes: challenges and prospects in Malaysia
title_sort	mediation in custody disputes: challenges and prospects in malaysia
publisher	Institut Sosial Malaysia & Faculty of Human Ecology, UPM
publishDate	2012
url	http://irep.iium.edu.my/6537/ http://irep.iium.edu.my/6537/6/Mediation_in_custody_dispute.pdf
first_indexed	2023-09-18T20:15:32Z
last_indexed	2023-09-18T20:15:32Z
_version_	1777407761808621568

Mediation in custody disputes: challenges and prospects in Malaysia

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