PETALING JAYA, Oct 3: Federal Court Judge Datuk Lee Swee Seng has endorsed mediation as the most sensible and holistic way to resolve divorce disputes, considering the immeasurable emotional harm in family cases.
Drawing on his experience as a family court judge in 2015, Lee noted that divorce cases can typically take up to five years to conclude.
He emphasised that mediation is an important alternative that allows parties to explore solutions beyond strict legal remedies and reach outcomes tailored to their family’s specific needs.
Speaking as a panellist at the 2025 Selangor Bar Law Conference’s session on family law and mediation in matrimonial disputes, Lee advocated for a less adversarial approach in family law.
He stressed that a more accommodative process benefits families and proposed that litigation should run concurrently with counselling and therapy where appropriate.
“The satisfying mediations are those where the parties agree to put aside their differences and work towards rebuilding their marriage. When reconciliation is chosen, parties commonly agree to withdraw the petition and cross-petition with liberty to file again later.
“Courts do not celebrate rapid divorces because preserving the family unit remains the preferred outcome whenever reasonably possible,” said the judge.
He pointed out that children’s lives continue during litigation; they must still grow up, go to school, and be cared for.
“Some children adjust more easily than others, but the emotional toll on the family is often immeasurable. The emotional impact of divorce affects every area of the parties’ lives and living arrangements.
“The default posture in litigation is that each side wants to win, but that mindset is inappropriate for family disputes. When one parent moves out, daily contact between parents and children is disrupted and hostility can escalate,” explained the judge.
At the event, Chief Justice Datuk Seri Wan Ahmad Farid Wan Salleh launched the second edition of “Law and Practice of Family Law in Malaysia”, a book co-authored by Lee, Court of Appeal Judge Datin Paduka Evrol Mariette Peters and a team of experts.
Describing the book, the Chief Justice said he was moved by the authors’ honest take on modern relationships, noting their insight that marriages often fail not because someone is evil, but because a couple simply cannot make it work anymore.
“Their push for no-fault divorce comes from a place of real compassion, recognising that dragging families through blame games only makes the pain worse, especially for the children caught in between.
“This book feels like it was written by people who have sat across the table from heartbroken parents, frustrated spouses and confused children.
“They understand that family law isn’t really about statutes and precedents. It’s about helping people pick up the pieces and move forward. That humanity shines through every page, and I think this book is an invaluable resource for lawyers who want to practise with both excellence and empathy,” said Wan Ahmad Farid.
— BERNAMA