调解在解决马来西亚老年家庭问题中的应用:来自加拿大和澳大利亚的经验

IF 0.3 Q3 AREA STUDIES Kajian Malaysia Pub Date : 2023-04-28 DOI:10.21315/km2023.41.1.4
Siti Zaharah Jamaluddin, Mohammad Abu Taher, H. S. Wong
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引用次数: 0

摘要

预计到2030年,马来西亚将成为一个老龄化国家,届时该国15%的人口将属于老年人。老年人将面临各种各样的问题和挑战,比如经济问题、虐待和忽视。一般来说,与其他争端一样,法律机制是解决争端的手段。然而,在这类案件中,诉讼不太受欢迎,因为它不能解决当事人所遭受的精神痛苦。因此,诉讼可能会破坏当事人之间的关系,因此不是一种合适的方法。相反,调解作为一种非裁决性的争端解决机制,被认为是一种潜在的争端解决方法,因为它在处理涉及老年人的家庭冲突问题方面是有效的。由于调解的有效性,调解作为一种解决纠纷的手段得到了全球的关注。考虑到调解的有效性,一些国家,如澳大利亚和加拿大,在解决涉及老年人的家庭问题时采用调解。在家庭纠纷中使用调解在马来西亚并不新鲜,然而,它尚未适用于老年家庭纠纷。本文的目的是探讨调解在老年家庭问题中的应用范围。因此,本研究采用定性研究方法,分别从各种法规和现有文献中收集主要和次要数据来源。为了强调调解在解决争端方面的潜力,本文分享了澳大利亚和加拿大的经验。研究结果显示,调解因其内在的卓越性和实用性,在解决与老年人有关的纠纷方面表现突出。因此,本文建议将调解作为一种可行的争端解决机制,涉及马来西亚家庭环境中的老年人。
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Application of Mediation in Resolving Elderly Family Issues in Malaysia: Lessons from Canada and Australia
Malaysia is expected to be an ageing country by 2030 when 15% of her populace will be in the category of the elderly. The elderly will face various issues and challenges, such as finance along with abuse and neglect. Generally, like in other disputes, the legal mechanism is the resort for resolution. However, litigation is less preferred in this type of cases as it does not address the emotional distress suffered by the parties involved. As such, litigation is not a suitable method as it may break the relationship between the parties. Conversely, mediation, a non-adjudicative dispute resolution mechanism, is considered a potential method of dispute settlement since it is effective in addressing the issues in a family conflict involving the elderly. Due to its effectiveness, the application of mediation as a means of resolving disputes has gained global attention. Considering its effectiveness, some countries, such as Australia and Canada, apply mediation in resolving family issues involving the elderly. The use of mediation in family disputes is not new in Malaysia, however, it is yet to be applied in elderly family disputes. The objective of this article is to explore the scope of the application of mediation in elderly family issues. As such, this study adopts the qualitative approach of research where primary and secondary sources of data were gleaned from various statutes as well as existing literature, respectively. In order to underline the potential of mediation in dispute resolution, the experiences of Australia and Canada have been shared in this article. The finding indicates that due to its intrinsic excellence and usefulness, mediation can excel in resolving the disputes related to the elderly. Therefore, the paper recommends embracing mediation as a feasible dispute settlement mechanism involving the elderly in a family setting in Malaysia.
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来源期刊
Kajian Malaysia
Kajian Malaysia AREA STUDIES-
CiteScore
0.60
自引率
0.00%
发文量
26
审稿时长
20 weeks
期刊最新文献
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