Title: Mediation and online mediation in family disputes in Malaysia: a comparative study
Authors: Nur Farahiyah Mohd Nasir; Zinatul Ashiqin Zainol; Shamsuddin Suhor; Muhamad Helmi Md. Said
Addresses: Faculty of Law, Universiti Kebangsaan Malaysia (UKM), Bangi, Selangor, Malaysia; Felo Siswazah at Faculty of Syariah and Law, Universiti Sains Islam Malaysia (USIM), Nilai, Negeri Sembilan, Malaysia ' Faculty of Law, Universiti Kebangsaan Malaysia (UKM), Bangi, Selangor, Malaysia ' Faculty of Law, Universiti Kebangsaan Malaysia (UKM), Bangi, Selangor, Malaysia ' Faculty of Law, Universiti Kebangsaan Malaysia (UKM), Bangi, Selangor, Malaysia
Abstract: Both mediation and online mediation are mechanisms in resolving family disputes. The significant element to ensure success in resolving family disputes is the attendance of the disputing parties. This article reviews the similarities and differences between mediation and online mediation in resolving family disputes. This paper highlights the aspects relevant to mediation, and online mediation such as the mediator, relevant legislation, advantages and disadvantages. This paper is doctrinal in its approach, whereby library research and comparative analysis had been used. The significance of this paper is to differentiate mediation and online mediation in family disputes in Malaysia and may add to literature. This paper then concludes by proposing online mediation as another solution to the disputing parties who do not want to meet each other face-to-face to resolve the disputes.
Keywords: mediation; online mediation; family disputes; Malaysia.
International Journal of Business and Globalisation, 2022 Vol.30 No.3/4, pp.303 - 314
Received: 22 May 2019
Accepted: 16 Oct 2019
Published online: 30 Jun 2022 *