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Article contributed by Sumitha Shaanthinni Kishna, Executive Officer, and photos by Md Faizal Mahat, Administrative Assistant, Bar Council


The Bar Council Malaysian Mediation Centre organised a three-day Family Mediation Course from 26 to 28 Feb 2011 at the Bar Council Auditorium.  The key objective of the course was to assist participants to acquire and develop the vital skills to conduct mediation in family disputes.  The course, attended by 21 Members of the Bar, was facilitated by two experienced trainers from the United States of America: Don Peters, Professor of Law and Director Emeritus from the Institute for Dispute Resolution, Levin College of Law, University of Florida, and Martha M Peters, Professor of Legal Education at Elon University School of Law, North Carolina. 

The course used brief video demonstrations of effective mediation to educate participants, and role-play techniques to test their practical and theoretical skills and knowledge.  The interaction between the trainers and participants was also given special focus, in order to provide feedback to enhance the learning process.

On the first day, the trainers described the skills and values required in effective divorce mediation.  They explained that to master mediation skills, the mediator must be capable of analysing situations reflectively as they unfolded, reframing problems whilst acting with honesty and respect, and providing equal opportunities for the parties involved to speak, learn and create solutions. 

The trainers pointed out that while the mediator’s primary role is to assist the parties to make decisions together, the mediator must also challenge unhelpful beliefs and expectations, and identify new choices.  Furthermore, in order to provide effective solutions, the mediator must be aware of the parties’ cultural differences, behavioral norms, values and assumptions.


The second day of the course commenced with a discussion of the Myers-Briggs Type Indicator, an interesting psychological test taken by participants at the end of the previous day.  The trainers pointed out that many choices made in life are influenced to some degree by an individual’s “psychological type preference”, and the test was designed to enable individuals to understand their preferences and personality types.

The test served as an effective way to break the ice as the participants and trainers shared experiences and discussed reasons for being introverts or extroverts, making decisions based on thinking as compared with feeling, and having the tendency to judge rather than perceive.

The afternoon of the second day was taken up with role-plays that emphasised the technique of questioning.  Participants were educated on the importance of having good questioning skills, and how to paraphrase and channel questions to achieve effective communication.

On the final day, the trainers taught participants the negotiation process and how to generate options.  While there are no rules governing the negotiation process, the mediator needs to identify the differing, shared and conflicting interests of the parties involved.  A common cause of divorce is the parties’ differing interests that centre on their individual lives and expectations.  In cases where children are involved, the mediator is encouraged to promote the children’s welfare as a shared interest for both parties.  In areas of conflicting interests – such as monetary matters, property division and child maintenance – the mediator could encourage parties to explore various options to create a balanced and fair deal.

The course drew to a close with Kuthubul Zaman Bukhari, Chairperson of the Bar Council Malaysian Mediation Centre, expressing his gratitude to the trainers for their time and effort in conducting the course and presenting them with tokens of appreciation.  He also thanked the participants for attending the course and expressed his hope that they had benefited from it in many ways.