family law practice : malaysia holistic approach

FAMILY LAW PRACTICEand

MEDIATION

By Tong Soo Tim

A LOVE STORY between

ANNA and BEN

1 apartment : 2 names, loan


LOANS / GIFT FROM

PARENTS


LOANS / GIFT FROM

PARENTSCHILD-CARE


LOANS / GIFT FROM

PARENTSCHILD-CARE

WHO ST

AYS

WHO LEAVES


LOANS / GIFT FROM

PARENTSCHILD-CARE

WHO ST

AYS

WHO LEAVES

WHO PAYS FOR WHAT


LOANS / GIFT FROM

PARENTSCHILD-CARE

WHO ST

AYS

WHO LEAVES

WHO PAYS FOR WHATWHO’S FAULT??


LOANS / GIFT FROM

PARENTSCHILD-CARE

WHO ST

AYS

WHO LEAVES


PAIN, ANGER, FEAR,


LOANS / GIFT FROM

PARENTSCHILD-CARE

WHO ST

AYS

WHO LEAVES


PAIN, ANGER, FEAR,

REVENGE, MAKE HIM PAY!!!

FAMILY LAWERS ELSEWHERE

NON-TRADITIONAL APPROACH

• US:AAML – BOUNDS OF ADVOCACY

• UK RESOLUTION – FIRST FOR FAMILY

• AUSTRALIAN FAMILY DISPUTE RESOLUTION

• SINGAPORE FAMILY RESOLUTION CHAMBERS

FAMILY MATTERS – a suggestion on practice attitudes and principles

• Listen COMPLETELY• Listen from • LEGAL, • PSYCHOLOGICAL,• EMOTIONAL aspects• Advise COMPREHENSIVELY


• Refrain from answering single-focused questions

• Do not inflame the client’s emotions by generalized criticism of the other spouse

• Do not hastily accept facts rendered by clients as complete


• Dare to be interrogatory - elicit your client’s “contribution” toward the problem

• Be sensitive to possibility of abuse• Be aware of influences of extended

family that may promote aggressive/ excessively defensive actions


• Remember the children, and the effects of any actions by client on the children

FAMILY MATTERS – a suggestion on practice procedures

• RECONCILIATION (counselling, personal psychotherapy, financial management)

• SELF-NEGOTIATION between the parties for Joint Petition,

• MEDIATION pre-appointment of lawyers on each side.

• UNILATERAL PETITION / litigation file.

family law practice : malaysia holistic approach

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