What Is Divorce Mediation and How Does It Work in Malaysia?

What is divorce mediation?

A mediator is a neutral person who helps a divorcing couple reach agreement on the issues they disagree about. The mediator does not decide anything. They help you talk and negotiate until you find terms you can both accept.

In Malaysia, mediation can take place through the courts (court-annexed mediation) or privately. The Mediation Act 2012 (Act 749) sets out a legal framework for it.

In court, a judge decides. In mediation, you and your spouse decide together, which gives you more control over the result.

When does the court send you to mediation?

The court can direct you to try mediation during the proceedings, often at a case management meeting before trial. This is common in disputes over custody, maintenance and matrimonial property.

Court-annexed mediation is run by trained mediators within the court system, at mediation centres in several courts. It is less formal than a hearing.

You can also agree to mediate without a court direction. Private mediation lets you choose your mediator and set sessions at times that suit you.

What can be mediated?

Most of the issues that come with a divorce, such as:

• custody and access (visiting) arrangements;
• the amount and length of maintenance for a spouse and children;
• dividing matrimonial property, including EPF savings, joint accounts and insurance policies.

Whether the marriage has broken down is not mediated. That is a legal question the court decides.

Mediation may not suit cases involving domestic violence, a big power imbalance between you, or fraud. A family lawyer can advise whether it fits your situation.

Why choose mediation?

• It is usually faster than waiting for a trial.
• It usually costs less, because there are fewer court appearances.
• It is confidential, while court hearings are generally open to the public.
• It is easier on the relationship, which matters when you will keep co-parenting.
• People are more likely to keep to terms they agreed themselves.

Mediation and conciliation are different

Under Section 106 of the Act, before filing a single petition you must usually first refer your problems to a conciliatory body, such as a marriage tribunal, which tries to reconcile you. This does not apply to a joint petition under Section 52. Read more about the JPN conciliation process.

Mediation usually happens after proceedings have begun. It does not try to save the marriage. It helps you settle practical issues like custody, maintenance and property without a full trial.

Looking to engage a divorce lawyer? If you are unsure whether mediation or conciliation applies at your stage, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.