Mediation as an Alternative Mechanism to Resolve Family Disputes in Malaysia: A Comparative Analysis with Australia and New Zealand

Abstract

Settlement of dispute outside court is quite popular nowadays as it gives more advantages compared to litigation. Many mechanisms can be applied under the umbrella of Alternative Dispute Resolution (ADR) including mediation. Mediation is a suitable dispute settlement mechanism for family issues, where it seeks to preserve the close relationship. Family issues are something sensitive, as they involve children, maintenance, and matrimonial properties. The reason for recommending family mediation is to avoid the glare of publicity and keep the family disputes low-key and private. Discussion between the parties is confidential as to the terms of the settlements. This article discusses and explains the principles and process of mediation and how it is best applied in settlement of family disputes. It also highlights the need for a family court in Malaysia. Applying qualitative research methodology, this article managed to gather and analyse the meaning, concept, historical background, structure and application of mediation. This article comparatively analyses the practice of family mediation in Australia and New Zealand. Family mediation as practised in these two countries can be the reference for Malaysian government to learn from their experiences to establish a good and practical family mediation model in Malaysia.