Mediation services at the Family Courts of Singapore and Australia: Lessons for Malaysia

Family mediation has become an important tool in resolving family disputes. Family courts all over the world have adopted mediation as part and parcel of their structure, or as a mandatory process in dispensing justice. The purpose of this paper is to learn how mediation is integrated into, or uphel...

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Main Authors:	Mohd Arshad, Ain Husna, Che Soh @ Yusoff, Roslina, Mohd Zin, Najibah, Abdul Hak, Nora
Format:	Conference or Workshop Item
Language:	English
Published:	2016
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/54007/ http://irep.iium.edu.my/54007/19/54007.pdf

id	iium-54007
recordtype	eprints
spelling	iium-540072017-01-16T07:06:59Z http://irep.iium.edu.my/54007/ Mediation services at the Family Courts of Singapore and Australia: Lessons for Malaysia Mohd Arshad, Ain Husna Che Soh @ Yusoff, Roslina Mohd Zin, Najibah Abdul Hak, Nora K Law (General) Family mediation has become an important tool in resolving family disputes. Family courts all over the world have adopted mediation as part and parcel of their structure, or as a mandatory process in dispensing justice. The purpose of this paper is to learn how mediation is integrated into, or upheld by the family courts, particularly because of the need to develop a comprehensive and holistic family court system in Malaysia. In this paper, two family courts are studied i.e., the family courts in Singapore and in Australia. The discussion in this paper begins with a brief introduction on family mediation as practised in the Malaysian courts. This is followed by a discussion on the law and practise of mediation in the family courts of Singapore and Australia. The effectiveness of family mediation in these two countries is also discussed in general. It is found that mediation in family courts have been systematically and successfully implemented. It is also learned that mediation has been able to help the family courts to expedite the cases brought before the courts and clear backlogs. Even though there are certain differences in the way mediation is implemented in the family courts, it is proven that mediation is able to facilitate the parties to achieve a resolution, which is more satisfactory. In this paper, the data are obtained from materials consisting of textbooks, statutes, journal articles, newspapers, seminar and conference papers and unpublished writings. Interviews with the relevant personnel are also conducted. It is hoped that the findings of this study will be of help to the relevant authorities like the Malaysia Judiciary Department and Attorney General Department in designing a new regulatory framework in an effort to introduce mediation service at the proposed family court in Malaysia. 2016-04 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/54007/19/54007.pdf Mohd Arshad, Ain Husna and Che Soh @ Yusoff, Roslina and Mohd Zin, Najibah and Abdul Hak, Nora (2016) Mediation services at the Family Courts of Singapore and Australia: Lessons for Malaysia. In: 5th International Conference on Law and Society (ICLAS V), 18-19 April 2016, Pattani, Thailand. (Unpublished)
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)
spellingShingle	K Law (General) Mohd Arshad, Ain Husna Che Soh @ Yusoff, Roslina Mohd Zin, Najibah Abdul Hak, Nora Mediation services at the Family Courts of Singapore and Australia: Lessons for Malaysia
description	Family mediation has become an important tool in resolving family disputes. Family courts all over the world have adopted mediation as part and parcel of their structure, or as a mandatory process in dispensing justice. The purpose of this paper is to learn how mediation is integrated into, or upheld by the family courts, particularly because of the need to develop a comprehensive and holistic family court system in Malaysia. In this paper, two family courts are studied i.e., the family courts in Singapore and in Australia. The discussion in this paper begins with a brief introduction on family mediation as practised in the Malaysian courts. This is followed by a discussion on the law and practise of mediation in the family courts of Singapore and Australia. The effectiveness of family mediation in these two countries is also discussed in general. It is found that mediation in family courts have been systematically and successfully implemented. It is also learned that mediation has been able to help the family courts to expedite the cases brought before the courts and clear backlogs. Even though there are certain differences in the way mediation is implemented in the family courts, it is proven that mediation is able to facilitate the parties to achieve a resolution, which is more satisfactory. In this paper, the data are obtained from materials consisting of textbooks, statutes, journal articles, newspapers, seminar and conference papers and unpublished writings. Interviews with the relevant personnel are also conducted. It is hoped that the findings of this study will be of help to the relevant authorities like the Malaysia Judiciary Department and Attorney General Department in designing a new regulatory framework in an effort to introduce mediation service at the proposed family court in Malaysia.
format	Conference or Workshop Item
author	Mohd Arshad, Ain Husna Che Soh @ Yusoff, Roslina Mohd Zin, Najibah Abdul Hak, Nora
author_facet	Mohd Arshad, Ain Husna Che Soh @ Yusoff, Roslina Mohd Zin, Najibah Abdul Hak, Nora
author_sort	Mohd Arshad, Ain Husna
title	Mediation services at the Family Courts of Singapore and Australia: Lessons for Malaysia
title_short	Mediation services at the Family Courts of Singapore and Australia: Lessons for Malaysia
title_full	Mediation services at the Family Courts of Singapore and Australia: Lessons for Malaysia
title_fullStr	Mediation services at the Family Courts of Singapore and Australia: Lessons for Malaysia
title_full_unstemmed	Mediation services at the Family Courts of Singapore and Australia: Lessons for Malaysia
title_sort	mediation services at the family courts of singapore and australia: lessons for malaysia
publishDate	2016
url	http://irep.iium.edu.my/54007/ http://irep.iium.edu.my/54007/19/54007.pdf
first_indexed	2023-09-18T21:16:25Z
last_indexed	2023-09-18T21:16:25Z
_version_	1777411592069054464

Mediation services at the Family Courts of Singapore and Australia: Lessons for Malaysia

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