Resolution of family disputes: mediation vs. litigation

Family disputes, more often than not, are rarely concerned with matters of fact but almost invariably complicated by the intense and intimate emotions of the parties in conflict. Therefore, the utilization of Alternative Dispute Resolution (ADR) such as conciliation and mediation, independent of lit...

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Main Authors:	Abdul Hak, Nora, Abdullah, Nurdianawati Irwani, Mohd Hashim, Noraini, Rahmat, Nur Ezan
Other Authors:	Hassan , Kamal Halili
Format:	Conference or Workshop Item
Language:	English
Published:	Faculty of Law, Universiti Kebangsaan Malaysia 2011
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/7527/ http://irep.iium.edu.my/7527/ http://irep.iium.edu.my/7527/1/2011_-_Resolution_of_Famliy_Disputes-_Mediation_vs._Litigation.pdf

id	iium-7527
recordtype	eprints
spelling	iium-75272011-11-21T12:54:32Z http://irep.iium.edu.my/7527/ Resolution of family disputes: mediation vs. litigation Abdul Hak, Nora Abdullah, Nurdianawati Irwani Mohd Hashim, Noraini Rahmat, Nur Ezan K Law (General) KPG Malaysia Family disputes, more often than not, are rarely concerned with matters of fact but almost invariably complicated by the intense and intimate emotions of the parties in conflict. Therefore, the utilization of Alternative Dispute Resolution (ADR) such as conciliation and mediation, independent of litigation will lead to a more satisfactory resolution of disputes rather than relying on the judgments of the court of law. It has to be borne in mind that in Malaysian society, family ties are still very strong and as such when matrimonial disputes arise and marriages are on tender-hooks, parties often seek assistance from family members to salvage the marriage. Mediation has come under the spotlight and watchful eye of many countires' legal systems for its ability to resolve conflicts between parties, reduce court case loads and reduce overall legal costs. Many jurisdictions already have existing legal provisions that give their courts the authority to order parties in dispute to mediation when deemed appropriate. In Malaysia, to encourage settlement of disputes through mediation including family disputes, the Bar Council established the Malaysian Mediation Centre (MCC) in 1999. The paper focuses on the development and advantages/merits of mediation as a suitable means of resolving family disputes as oppose to litigation. The law and the practice in some selected jurisdictions will be deliberated to study the performance of family mediation so far. Faculty of Law, Universiti Kebangsaan Malaysia Hassan , Kamal Halili Shaik Ahmad Yusof, Sakina Mohamed Isa, Suzanna Mustaffa, Che Norlia 2011 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/7527/1/2011_-_Resolution_of_Famliy_Disputes-_Mediation_vs._Litigation.pdf Abdul Hak, Nora and Abdullah, Nurdianawati Irwani and Mohd Hashim, Noraini and Rahmat, Nur Ezan (2011) Resolution of family disputes: mediation vs. litigation. In: National Conference on Dispute Resolution 2011: Transformation of Mechanism and Law of Dispute Resolution, 20 October 2011, Puri Pujangga, Universiti Kebangsaan Malaysia. http://www.ukm.my/dr2011/images/listofabstract.pdf
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 Abdullah, Nurdianawati Irwani Mohd Hashim, Noraini Rahmat, Nur Ezan Resolution of family disputes: mediation vs. litigation
description	Family disputes, more often than not, are rarely concerned with matters of fact but almost invariably complicated by the intense and intimate emotions of the parties in conflict. Therefore, the utilization of Alternative Dispute Resolution (ADR) such as conciliation and mediation, independent of litigation will lead to a more satisfactory resolution of disputes rather than relying on the judgments of the court of law. It has to be borne in mind that in Malaysian society, family ties are still very strong and as such when matrimonial disputes arise and marriages are on tender-hooks, parties often seek assistance from family members to salvage the marriage. Mediation has come under the spotlight and watchful eye of many countires' legal systems for its ability to resolve conflicts between parties, reduce court case loads and reduce overall legal costs. Many jurisdictions already have existing legal provisions that give their courts the authority to order parties in dispute to mediation when deemed appropriate. In Malaysia, to encourage settlement of disputes through mediation including family disputes, the Bar Council established the Malaysian Mediation Centre (MCC) in 1999. The paper focuses on the development and advantages/merits of mediation as a suitable means of resolving family disputes as oppose to litigation. The law and the practice in some selected jurisdictions will be deliberated to study the performance of family mediation so far.
author2	Hassan , Kamal Halili
author_facet	Hassan , Kamal Halili Abdul Hak, Nora Abdullah, Nurdianawati Irwani Mohd Hashim, Noraini Rahmat, Nur Ezan
format	Conference or Workshop Item
author	Abdul Hak, Nora Abdullah, Nurdianawati Irwani Mohd Hashim, Noraini Rahmat, Nur Ezan
author_sort	Abdul Hak, Nora
title	Resolution of family disputes: mediation vs. litigation
title_short	Resolution of family disputes: mediation vs. litigation
title_full	Resolution of family disputes: mediation vs. litigation
title_fullStr	Resolution of family disputes: mediation vs. litigation
title_full_unstemmed	Resolution of family disputes: mediation vs. litigation
title_sort	resolution of family disputes: mediation vs. litigation
publisher	Faculty of Law, Universiti Kebangsaan Malaysia
publishDate	2011
url	http://irep.iium.edu.my/7527/ http://irep.iium.edu.my/7527/ http://irep.iium.edu.my/7527/1/2011_-_Resolution_of_Famliy_Disputes-_Mediation_vs._Litigation.pdf
first_indexed	2023-09-18T20:16:58Z
last_indexed	2023-09-18T20:16:58Z
_version_	1777407852315410432

Resolution of family disputes: mediation vs. litigation

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