Judiciary, Bar Council to launch family mediation pilot next month

 The pilot project is aimed at reducing backlogs and will involve the High Courts in Kuala Lumpur, Shah Alam, Penang and Johor Bahru.

The Bar Council’s family law committee said the mediators involved in the initiative are volunteers accredited with the Malaysian International Mediation Centre who have received additional family mediation training.

PETALING JAYA:

A 12-month pilot programme will begin on Nov 2, offering families access to free mediation services aimed at helping them avoid lengthy court battles while reducing the backlog of family court cases.

According to the Bar Council’s family law committee, the programme will be rolled out in the High Courts of Kuala Lumpur, Shah Alam, Penang and Johor Bahru following Chief Justice Wan Ahmad Farid Wan Salleh’s approval.

Under the initiative, family courts will identify cases deemed suitable for mediation and refer them to trained family mediators.

A spokesman for the committee told FMT mediation will remain voluntary for now, with parties free to opt out even if their case is referred by the court.

“Parties may be represented by lawyers during the mediation process. In fact, they are encouraged to have their lawyers present. As for the mediators, no fees will be charged during the 12-month period.

“These pro bono mediators are volunteers accredited by the Malaysian International Mediation Centre who have also received additional training in family mediation,” the spokesman said.

He said the Bar Council would engage with the judiciary and provide regular reports on referred cases, with both sides to assess the pilot programme’s effectiveness before deciding whether it should continue in its current form.

The spokesman said mediation offers families a less adversarial way of resolving disputes, which is especially valuable in cases involving children.

“The committee believes the pilot project will help the courts reduce the backlog of family cases.

“Accordingly, lawyers handling family matters in the participating courts are encouraged to support this initiative, which provides an additional option alongside court-annexed mediation,” he said. - FMT