Mediation is a voluntary process in which a neutral third party, usually a mediator/lawyer, helps both husband and wife to reach an agreement on a disputed matter.
In the context of divorce, mediation can be used to negotiate the terms of the divorce, such as child custody, maintenance of children, alimony/spousal maintenance, and the division of matrimonial assets.
Mediation can be a beneficial option for non-Muslims in Malaysia who are considering divorce. It is a relatively quick and inexpensive process, and it can help divorcing couples to avoid the stress and conflict of going to court.
Mediation can also be a helpful way to preserve the relationship between the divorcing parties, which can be beneficial for children.
Benefits of Using Mediation Services
There are several benefits to using mediation services for divorce in Malaysia.
- First, mediation is a voluntary process. This means that both parties must agree to mediate, and either party can leave the process at any time. This can be helpful for couples who are not sure if they want to divorce, or who are not ready to make a decision.
- Second, mediation is a confidential process. This means that the mediator cannot disclose any information that is discussed during mediation to anyone else, without the consent of both parties. This can be helpful for couples who want to keep their divorce private.
- Third, mediation can be a relatively quick and inexpensive process. Mediation sessions typically last for a few hours, and the cost of mediation is usually much lower than the cost of going to the court and litigate.
- Fourth, mediation can help divorcing couples to reach an agreement that is tailored to their specific needs. In court, a judge will make a decision based on the law, even if that decision is not in the best interests of the couple or their children. In mediation, the couple is free to negotiate any terms that they agree to. In short, parties will have more control.
- Fifth, mediation can help to preserve the relationship between the divorcing parties. This can be beneficial for children, who may have difficulty coping with the divorce of their parents. When parents are able to communicate and cooperate civilly with each other, it can make the transition to divorce easier for children.
How Our Lawyer Can Be a Neutral Party and Try to Seek for Divorce Settlement Between Parties to Help Save Cost and Time for Divorcing Parties
Our lawyers can be a neutral party and try to seek for a divorce settlement between parties to help save cost and time for divorcing parties by:
- Understanding the needs and interests of both parties. Our lawyers will meet with each party individually to understand their needs and interests in the divorce. This will help us to develop a mediation plan that is tailored to the specific needs of the couple.
- Facilitating communication between the parties. Our lawyers will help the parties to communicate with each other in a respectful and constructive manner. This is essential for reaching an agreement in mediation.
- Identifying and exploring options. Our lawyers will help the parties to identify and explore all of the options available to them. This will help the parties to make informed decisions about their divorce.
- Drafting a settlement agreement. Once the parties have reached an agreement, our lawyers will draft a settlement agreement that sets out the terms of the agreement in writing. The settlement agreement can then be filed with the court to finalize the divorce.
If you are considering divorce in Malaysia, we encourage you to consider mediation rather than fighting in the court. Mediation can be a beneficial option for non-Muslims who want to avoid the stress and conflict of going to court. Our experienced divorce lawyers can help you to mediate a divorce settlement that is fair and beneficial to both parties.
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