Resolution of matrimonial dispute in the Civil Court of Malaysia: Mediation as away forward

In the system of justice, techniques for resolving family disputes are either negotiation or litigation. It is however, seen to have minimized the importance of negotiation and exaggerated the importance of litigation. It has been commented that lawyers have not fully explored other alternatives...

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Main Authors:	Ibrahim, Norliah, Abdul Hak, Nora
Format:	Conference or Workshop Item
Language:	English
Published:	Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia 2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/57815/ http://irep.iium.edu.my/57815/ http://irep.iium.edu.my/57815/1/57815.pdf

id	iium-57815
recordtype	eprints
spelling	iium-578152017-10-06T07:50:45Z http://irep.iium.edu.my/57815/ Resolution of matrimonial dispute in the Civil Court of Malaysia: Mediation as away forward Ibrahim, Norliah Abdul Hak, Nora K Law (General) In the system of justice, techniques for resolving family disputes are either negotiation or litigation. It is however, seen to have minimized the importance of negotiation and exaggerated the importance of litigation. It has been commented that lawyers have not fully explored other alternatives to litigation such as, mediation, conciliation and medarb. Many jurisdictions around the world have introduced ADR processes in their legal systems such as Singapore, Australia, New Zealand and United States. In Malaysia, the Malaysian Judiciary Department has introduced Practice Direction No. 10 of 2010 as an effort to encourage mediation in the Civil Court among lawyers and judges. As the nature of many family disputes is self-assertion and compromise, negotiation is developing to be a primary method for resolving conflicts within the family environment. Thus, mediation, as one of the important mechanisms of negotiation, has great potential to resolve family disputes, one of which is matrimonial property dispute. There may be disagreements between the parties over division of property during or after divorce. This type of dispute may be settled using goal-oriented mediation process so that further conflict can be avoided. This paper aims to discuss the use of mediation in resolving matrimonial property dispute by looking at the nature of mediation, its advantages and disadvantages; the present relevant law relating to mediation and its practice in Malaysia. Data for this write up was obtained from materials consisting of textbooks, decided cases, legislation, journals, newspapers, seminar and conference papers and unpublished writings (dissertations and theses). This paper involves investigation and analysis of the materials available in the library hence, it uses a legal analytical approach. This paper is a preamble to a more detailed study of the use of mediation in matrimonial dispute which hopefully the suggestions/obsevations made will be useful for further improvement of the existing legal provision and practice in Malaysia Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia 2017 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/57815/1/57815.pdf Ibrahim, Norliah and Abdul Hak, Nora (2017) Resolution of matrimonial dispute in the Civil Court of Malaysia: Mediation as away forward. In: International Conference on Dispute Resolution 2017 - Modern Trends in Effective Dispute Resolution, 9th-10th August 2017, Kuala Lumpur. https://icdr2017.org/
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) Ibrahim, Norliah Abdul Hak, Nora Resolution of matrimonial dispute in the Civil Court of Malaysia: Mediation as away forward
description	In the system of justice, techniques for resolving family disputes are either negotiation or litigation. It is however, seen to have minimized the importance of negotiation and exaggerated the importance of litigation. It has been commented that lawyers have not fully explored other alternatives to litigation such as, mediation, conciliation and medarb. Many jurisdictions around the world have introduced ADR processes in their legal systems such as Singapore, Australia, New Zealand and United States. In Malaysia, the Malaysian Judiciary Department has introduced Practice Direction No. 10 of 2010 as an effort to encourage mediation in the Civil Court among lawyers and judges. As the nature of many family disputes is self-assertion and compromise, negotiation is developing to be a primary method for resolving conflicts within the family environment. Thus, mediation, as one of the important mechanisms of negotiation, has great potential to resolve family disputes, one of which is matrimonial property dispute. There may be disagreements between the parties over division of property during or after divorce. This type of dispute may be settled using goal-oriented mediation process so that further conflict can be avoided. This paper aims to discuss the use of mediation in resolving matrimonial property dispute by looking at the nature of mediation, its advantages and disadvantages; the present relevant law relating to mediation and its practice in Malaysia. Data for this write up was obtained from materials consisting of textbooks, decided cases, legislation, journals, newspapers, seminar and conference papers and unpublished writings (dissertations and theses). This paper involves investigation and analysis of the materials available in the library hence, it uses a legal analytical approach. This paper is a preamble to a more detailed study of the use of mediation in matrimonial dispute which hopefully the suggestions/obsevations made will be useful for further improvement of the existing legal provision and practice in Malaysia
format	Conference or Workshop Item
author	Ibrahim, Norliah Abdul Hak, Nora
author_facet	Ibrahim, Norliah Abdul Hak, Nora
author_sort	Ibrahim, Norliah
title	Resolution of matrimonial dispute in the Civil Court of Malaysia: Mediation as away forward
title_short	Resolution of matrimonial dispute in the Civil Court of Malaysia: Mediation as away forward
title_full	Resolution of matrimonial dispute in the Civil Court of Malaysia: Mediation as away forward
title_fullStr	Resolution of matrimonial dispute in the Civil Court of Malaysia: Mediation as away forward
title_full_unstemmed	Resolution of matrimonial dispute in the Civil Court of Malaysia: Mediation as away forward
title_sort	resolution of matrimonial dispute in the civil court of malaysia: mediation as away forward
publisher	Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia
publishDate	2017
url	http://irep.iium.edu.my/57815/ http://irep.iium.edu.my/57815/ http://irep.iium.edu.my/57815/1/57815.pdf
first_indexed	2023-09-18T21:21:44Z
last_indexed	2023-09-18T21:21:44Z
_version_	1777411926980034560

Resolution of matrimonial dispute in the Civil Court of Malaysia: Mediation as away forward

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