Make mediation compulsory, govt urged amid rising divorce rates

The Malaysian Bar says early intervention can reduce emotional and financial strain when marriages break up.

Bar president Ezri Abdul Wahab said that when the family institution collapses, the long-term cost is borne by society, with children often bearing the brunt.

PETALING JAYA:

 The Malaysian Bar has called for mediation to be made mandatory before couples file for divorce, saying early intervention can reduce emotional and financial strain.

Early intervention can also promote better parenting arrangements for children, it said.

The call comes amid rising divorce rates in Malaysia, which grew by 4.1% in 2024, while reconciliation cases continued to decline, according to the statistics department.

“These patterns point to pressures within Malaysian families, which require thoughtful attention and sustained policy intervention.

“A rising divorce rate signals more than marital breakdown. It affects the children caught in the crossfire of domestic upheavals, schooling outcomes, mental health of the people concerned, community stability, and the overall social fabric,” Bar president Ezri Abdul Wahab said in a statement.

He said that when the family institution collapses, the long-term cost is borne by society, with children often bearing the brunt.

“The justice system is also affected, as courts are required to manage heavier caseloads at a time when judicial resources are already stretched,” he said.

Ezri said mediation should be the default process before litigation begins, except where safety or abuse issues are present.

“Early resolution reduces emotional and financial strain and promotes more stable arrangements for children,” he said.

He said a collaborative family practice framework should be introduced, as practised in other Commonwealth countries such as Australia, Canada, Hong Kong and the UK, where parties commit to resolving matters without court battles.

“This reduces hostility, promotes transparency and improves long-term family outcomes,” he said.

‘Standardise pre-marriage support programmes for all’

Ezri said among other wide-ranging reforms to strengthen Malaysia’s family justice system is the establishment of family support units within courts, staffed by counsellors, psychologists, social workers and mediators to assist parties before and during proceedings.

He also called for stronger and standardised pre-marriage and marriage support programmes across civil and religious institutions, incorporating conflict resolution, emotional resilience, financial planning, communication skills, and expectation management.

To better protect children, he proposed centring court processes on child welfare through standardised parenting plans, compulsory co-parenting education, clearer frameworks to address parental alienation, guidelines on access arrangements, and specialised training for lawyers handling child-related disputes.

He also called for the expansion of legal aid for family matters, including alternative dispute resolution, saying access to justice should not depend on income level.

In October, women, family and community development minister Nancy Shukri was quoted as saying a pilot project to reduce the number of divorces would be expanded nationwide in stages within three years following the initiative’s success rate. - FMT