Mandating Mediation in Family Law Conflict in Malaysia: Exploring Judges and Lawyers' Perspectives

Abstract

It is an assertion of this study that the benefits of making mediation mandatory clearly generally prevail over the potential harms for families, even when violence is an issue, provided that its design and realizations are carefully thought of. Thus, the current study is not concerned with whether or not mediation should be made mandatory in family disputes, but rather the best way in approaching its application and implementation in Malaysia. In line with this overall objective, this study was designed to explore the issues and concerns which relates to the establishment and development of a mandatory family mediation program especially from the perspectives of judges and lawyers, being the key informants and experts in contemporary civil family law practice in Malaysia. The findings reported in this paper highlighted the perceptions and expectations of the selected judges and lawyers on the probability of establishing a mandatory family mediation program and arising issues affecting its development in Malaysia. This study thus, is likely to assist policy makers in the country towards the development of a mandatory family mediation service that suits Malaysian civil law context.