THE Malaysian Bar has proposed making family mediation a compulsory first step in marital disputes, warning that urgent institutional reforms are needed as divorce rates rise and reconciliation cases continue to fall.
Its president, Mohamad Ezri Abdul Wahab, said mediation should become the default process before parties resort to family law litigation, except in cases involving safety risks or abuse.
“Early resolution reduces emotional and financial strain and promotes more stable arrangements for children,” he said in a statement today.
Ezri said the Bar’s concerns were underscored by the latest marriage, divorce and reconciliation statistics released by the Department of Statistics Malaysia. While marriages increased marginally by 0.9 per cent in 2024, divorces rose by 4.1 per cent and reconciliation cases continued to decline.
“These trends reflect mounting pressures on Malaysian families that require sustained policy intervention,” he said.
Beyond mediation, Ezri said the Bar has proposed introducing a collaborative family practice framework, a structured and non-adversarial approach already used in jurisdictions such as Australia, Canada, Hong Kong and the United Kingdom.
“Under this approach, parties commit to resolving matters without court battles. This reduces hostility, promotes transparency and improves long-term family outcomes.
“The Bar also proposed the establishment of family support units within the courts. Family courts should be equipped with counsellors, psychologists, social workers and mediators who can assist parties before and during proceedings,” Ezri said.
He said early intervention could help stabilise relationships, support reconciliation where possible and encourage healthy co-parenting arrangements when separation is unavoidable.
Ezri also said the Bar was advocating stronger and more standardised pre-marriage and marriage support programmes across both civil and religious institutions.
“Pre-marriage programmes should include modern-day essentials such as conflict resolution; emotional resilience; financial planning; communication skills; and managing expectations,” he said.
He stressed that family court processes must place children’s welfare at the centre, calling for improved child-focused measures.
“The court processes must be centred on the welfare of children. Improved child-focused measures are needed, including having: standardised parenting plans; compulsory co-parenting education; frameworks to address parental alienation; guidelines for access arrangements; and specialised training for lawyers managing child-related disputes,” Ezri said.
The Bar is also pushing for expanded legal aid coverage for family-related cases, particularly those involving alternative dispute resolution.
“Access to justice must not depend on income level. Expanded legal aid for family cases (in particular for alternative dispute resolution options) will support fair outcomes, reduce delays and ease courtroom burdens,” he said.
Ezri added that broader socioeconomic support must also be addressed, noting the link between family stability and issues such as the cost of living, childcare access, mental health services and work-life balance.
“Lastly, advocating broader socioeconomic support. Family cohesion is closely linked to cost-of-living pressures, childcare accessibility, mental health services and work-life balance,” he said.
He warned that the consequences of family breakdown extend well beyond the home.
“When the family structure disintegrates, the long-term cost is borne by society; and most often, it is the children who bear the deepest hurt, facing disruptions in routine and emotional insecurity, and living through fractured parental relationships,” Ezri said.
“The justice system is also affected, as the courts are also required to manage heavier demands at a time when judicial resources are already stretched.”
Ezri said the legal profession does not view family disputes as commercial opportunities.
“Rather, the Bar reiterates that lawyers carry a duty to help minimise conflict, uphold fairness and guide clients towards outcomes that protect children and preserve dignity,” he said. - December 26, 2025
