How Does Divorce Mediation Work in Malaysia?

What is divorce mediation?

Mediation is a set of meetings where a neutral person, the mediator, helps you and your spouse reach agreement. The mediator does not decide for you. They keep the talk on track so you can find terms you both accept.

In Malaysia there are two routes: court-annexed mediation run by the courts, and private mediation, for example through the Malaysian Mediation Centre.

How does court-annexed mediation work?

The courts offer it under Practice Direction No. 4 of 2016. After a divorce case is filed, the judge may send you to mediation before any trial.

A court-appointed mediator, usually a trained judge or lawyer, runs the sessions. There are often two to four sessions over a few weeks. There is no extra charge beyond the normal court filing fees.

If you agree, the terms are written up and recorded by the court as a consent order. If you do not, the case goes back to the judge for trial.

What about private mediation?

Private mediation happens outside the court. You and your spouse choose a mediator, often through the Bar Council’s Malaysian Mediation Centre or an independent mediator.

You choose who, where and when. Fees vary, so ask the mediator for their rate before booking.

It can start before anything is filed in court. That helps if you want to try to agree before taking on the cost and stress of a court case.

When is mediation a good choice?

It works best when both of you are willing to negotiate honestly. It suits disputes over child custody, maintenance and property division.

It is less suitable when one spouse holds much more power, is hiding assets, or when there is domestic violence. In those cases the court process can protect you better.

What can you settle in mediation?

You can settle any of the side issues in a divorce:

• Custody and access (visiting) arrangements.
• Child maintenance and spousal maintenance.
• Division of matrimonial property.
• Who pays which debts.

You cannot mediate the divorce itself. Only the court can grant a decree nisi, the first divorce order.

How is mediation different from conciliation?

JPN conciliation is a required step before a single petition under Section 106 of Act 164. Its aim is to see whether you can reconcile.

Mediation accepts that the marriage is ending and deals with the practical terms. It is voluntary unless the court directs it, and a trained mediator runs it.

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