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Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective

Abdul Hak, Nora (2012) Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective. In: International Conference on Global Issues of Early Childhood Education and Children’s Rights, 27-29 April 2012, Zirve University, Gaziantep, Turkey. (Unpublished)

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Abstract

In dealing with custody and visitation disputes especially, mediation is generally considered as a process more humane than the confrontational approach taken in the adversarial system, (Pearson and Thoennes 1989). Mediation is claimed to not only avoid adversary settlement procedures, but also to be a ‘family-friendly’ intervention program employed in helping post-separating families deal with divorce and conflict (Emery et al. 2005). The focus of mediation is encouraging the parties to solve their conflict amicably. Moreover, according to Vincent (1996, p. 264), in mediation involving custody disputes, the decision about the children’s future is shifted to their parent: the people who know them best. Other commentators, including Menkel-Meadow (1991), also maintain that the informal and flexible nature of the mediation process enables the parties to address issues that might not be raised in a more formal dispute settlement approach. In fact, rather than restricting the decision making process to legal matters, mediation accommodates to the prospective needs and interest of the parties, leading to a whole and more satisfactory resolution in most cases. Thus, the paper focuses on the use of mediation in custody and visitation disputes looking at the nature of mediation, its advantages and disadvantages; and its challenges and future in Malaysia.

Item Type: Conference or Workshop Item (Full Paper)
Uncontrolled Keywords: Mediation, Custody Disputes, Alternative Dispute Resolution, Law, Court
Subjects: H Social Sciences > H Social Sciences (General)
K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User: Prof. Dr. Nora Abdul Hak
Date Deposited: 28 Nov 2012 14:01
Last Modified: 28 Nov 2012 14:01
URI: http://irep.iium.edu.my/id/eprint/26366

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