Court-Annexed Mediation In Resolving Disputes Relating To Family in Malaysia: What We Need To Know Before We Go Forward
This article aims to, firstly, introduce court-annexed mediation in resolving family disputes in Malaysia. Secondly, it will attempt to identify the advantages and disadvantages of court-annexed mediation to resolve disputes relating to family matters, both in the Syariah and Civil Courts in Mala...
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| Main Author: | |
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| Format: | Book chapter |
| Language: | English |
| Published: |
Universiti Sains Islam Malaysia
2012
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| Online Access: | http://ddms.usim.edu.my/handle/123456789/5632 |
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| Summary: | This article aims to, firstly, introduce court-annexed mediation in resolving
family disputes in Malaysia. Secondly, it will attempt to identify the advantages
and disadvantages of court-annexed mediation to resolve disputes relating to
family matters, both in the Syariah and Civil Courts in Malaysia. Thirdly, it
will provide recommendations to promote CAM. A study was made on the
important aspects pertinent to the conduct of mediation in the form of sulh at
the Syariah Courts in the State of Selangor which shares uniformed sulh
processes used in other syariah courts from other states. Results of the study
indicated that the current implementation of CAM in the Syariah Court is
guided by a comprehensive set of statutory rules pertaining to sulh whereas
the Civil Court is not guided even by a Mediation Act. In addition to that, the
study also showed that there are similarities in terms of mediation process
practiced in Majlis Sulh with the recommended practices of mediation. |
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