A non-traditional approach to Family Law practice is sorely needed in Malaysia. A lawyer can find much real satisfaction in rendering holistic service to their divorcing client.

1. FAMILY LAW PRACTICE
and
MEDIATION
By Tong Soo Tim

2. A LOVE STORY
between
ANNA
and
BEN

9. 1 apartment : 2 names, loan1 apartment : 2 names, loan

10. 1 apartment : 2 names, loan1 apartment : 2 names, loan
LOANS
/ GIFT
FROM
PARENTS

11. 1 apartment : 2 names, loan1 apartment : 2 names, loan
LOANS
/ GIFT
FROM
PARENTS
CHILD-CARE
CHILD-CARE

12. 1 apartment : 2 names, loan1 apartment : 2 names, loan
LOANS
/ GIFT
FROM
PARENTS
CHILD-CARE
CHILD-CARE
W
HO
STAYS
W
HO
LEAVES
W
HO
STAYS
W
HO
LEAVES

13. 1 apartment : 2 names, loan1 apartment : 2 names, loan
LOANS
/ GIFT
FROM
PARENTS
CHILD-CARE
CHILD-CARE
W
HO
STAYS
W
HO
LEAVES
W
HO
STAYS
W
HO
LEAVES
WHO PAYS
FOR WHAT

14. 1 apartment : 2 names, loan1 apartment : 2 names, loan
LOANS
/ GIFT
FROM
PARENTS
CHILD-CARE
CHILD-CARE
W
HO
STAYS
W
HO
LEAVES
W
HO
STAYS
W
HO
LEAVES
WHO PAYS
FOR WHATWHO’S FAULT??
WHO’S FAULT??

15. 1 apartment : 2 names, loan1 apartment : 2 names, loan
LOANS
/ GIFT
FROM
PARENTS
CHILD-CARE
CHILD-CARE
W
HO
STAYS
W
HO
LEAVES
W
HO
STAYS
W
HO
LEAVES
WHO PAYS
FOR WHATWHO’S FAULT??
WHO’S FAULT??
PAIN, ANGER, FEAR,

16. 1 apartment : 2 names, loan1 apartment : 2 names, loan
LOANS
/ GIFT
FROM
PARENTS
CHILD-CARE
CHILD-CARE
W
HO
STAYS
W
HO
LEAVES
W
HO
STAYS
W
HO
LEAVES
WHO PAYS
FOR WHATWHO’S FAULT??
WHO’S FAULT??
PAIN, ANGER, FEAR,
REVENGE,
MAKE HIM PAY!!!

17. 1 apartment : 2 names, loan1 apartment : 2 names, loan
LOANS
/ GIFT
FROM
PARENTS
CHILD-CARE
CHILD-CARE
W
HO
STAYS
W
HO
LEAVES
W
HO
STAYS
W
HO
LEAVES
WHO PAYS
FOR WHATWHO’S FAULT??
WHO’S FAULT??
PAIN, ANGER, FEAR,
REVENGE,
MAKE HIM PAY!!!

19. FAMILY LAWERS
ELSEWHERE
NON-TRADITIONAL
APPROACH

20. • US:AAML – BOUNDS OF ADVOCACY
• UK RESOLUTION – FIRST FOR
FAMILY
• AUSTRALIAN FAMILY DISPUTE
RESOLUTION
• SINGAPORE FAMILY RESOLUTION
CHAMBERS

25. FAMILY MATTERS – a suggestion on
practice attitudes and principles
• Listen COMPLETELY
• Listen from
• LEGAL,
• PSYCHOLOGICAL,
• EMOTIONAL aspects
• Advise COMPREHENSIVELY

26. FAMILY MATTERS – a suggestion on
practice attitudes and principles
• 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

27. FAMILY MATTERS – a suggestion on
practice attitudes and principles
• 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

28. FAMILY MATTERS – a suggestion on
practice attitudes and principles
• Remember the children,
and the effects of any actions by client
on the children

30. 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.