Family Law Practice : Malaysia Holistic Approach

Post on 10-Feb-2017

199 views 1 download

Transcript of 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

1 apartment : 2 names, loan

LOANS / GIFT FROM

PARENTS

1 apartment : 2 names, loan

LOANS / GIFT FROM

PARENTSCHILD-CARE

1 apartment : 2 names, loan

LOANS / GIFT FROM

PARENTSCHILD-CARE

WHO ST

AYS

WHO LEAVES

1 apartment : 2 names, loan

LOANS / GIFT FROM

PARENTSCHILD-CARE

WHO ST

AYS

WHO LEAVES

WHO PAYS FOR WHAT

1 apartment : 2 names, loan

LOANS / GIFT FROM

PARENTSCHILD-CARE

WHO ST

AYS

WHO LEAVES

WHO PAYS FOR WHATWHO’S FAULT??

1 apartment : 2 names, loan

LOANS / GIFT FROM

PARENTSCHILD-CARE

WHO ST

AYS

WHO LEAVES

WHO PAYS FOR WHATWHO’S FAULT??

PAIN, ANGER, FEAR,

1 apartment : 2 names, loan

LOANS / GIFT FROM

PARENTSCHILD-CARE

WHO ST

AYS

WHO LEAVES

WHO PAYS FOR WHATWHO’S FAULT??

PAIN, ANGER, FEAR,

REVENGE, MAKE HIM PAY!!!

1 apartment : 2 names, loan

LOANS / GIFT FROM

PARENTSCHILD-CARE

WHO ST

AYS

WHO LEAVES

WHO PAYS FOR WHATWHO’S FAULT??

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

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

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

FAMILY MATTERS – a suggestion on practice attitudes and principles

• 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.