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Conciliation and mediation in civil and Islamic family laws: issues and challenges

Abdul Hak, Nora (2011) Conciliation and mediation in civil and Islamic family laws: issues and challenges. In: Asian Law Students’ Association (ALSA) National Conference 2011, 21st May 2011, Dewan Seri Budiman, UiTM Shah Alam, Selangor. (Unpublished)

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Abstract

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.

Item Type: Conference or Workshop Item (Full Paper)
Additional Information: 807/9402
Uncontrolled Keywords: Conciliation, Mediation, Civil, Islamic Family Laws, Malaysia
Subjects: K Law > K Law (General)
K Law > KBP Islamic Law
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: 17 Mar 2016 15:18
Last Modified: 17 Mar 2016 15:18
URI: http://irep.iium.edu.my/id/eprint/9402

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