Conciliation and mediation in civil and Islamic family laws: issues and challenges
Introduction In UK, Mediation is introduced under the new law as a result of dissatisfaction with the procedural aspects of the law and ineffectiveness of the provisions intended to encourage reconciliation. The same also happen in Malaysia however, there has been no changes have taken place. Me...
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| Format: | Proceeding Paper |
| Language: | English English |
| Published: |
2011
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/9402/5/ALSA_Paper.pdf http://irep.iium.edu.my/9402/8/9402.pdf http://irep.iium.edu.my/9402/ |
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| Summary: | Introduction
In UK, Mediation is introduced under the new law as a result of dissatisfaction with the
procedural aspects of the law and ineffectiveness of the provisions intended to encourage
reconciliation. The same also happen in Malaysia however, there has been no changes have taken
place. Mediation has two main objects that are to define the matters on which the parties are in
dispute and to encourage them to come to an agreed solution. The growth of interest in mediation
reflects the changed attitude towards financial consequences and especially its effect on the
children of the marriage. Research suggests that the children find emotional adjustment more
difficult if the parents’ relationship is hostile and conflict between them continues after divorce
or separation, particularly if contact with one parent is not maintained. One of the strongest
arguments in favour of mediation is that the possibility of bitterness will be reduced and the
prospects of both spouses continuing to play an active role as parents will be enhanced if they
can reach agreement. Mediation enables the parties to retain control of their own affairs rather
than have solution imposed on them. |
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