Compulsory arbitration proposed for family disputes

The government has proposed compulsory arbitration for divorces and parental rights disputes to resolve sensitive family issues more harmoniously.

Under the proposed bill, specific family law cases like divorce and child custody battles would first go through mandatory arbitration with trained mediators.

This process aims to address arguments over spousal and child financial support, living arrangements, and the distribution of property in a constructive setting before matters go to court.

The mediators could come from the Social Welfare Bureau’s (IAS) roster of about 300 social workers with experience in family services.

Based on a review of average caseloads, the legislation is expected to apply to about 250 eligible cases annually.

The arbitration process would involve designated family mediators guiding discussions over a 60-day period, extendable by another 30 days if needed.

Failure to participate in good faith would result in higher court fees to encourage cooperation.

“We are hoping this intervention may help estranged parties resolve issues outside of an adversarial court process,” said director Leong Weng In of the Legal Affairs Bureau (DSAJ).

Issues like disagreements over parental rights or living situations post-divorce could potentially be addressed through compromise.

The goal, according to Secretary for Administration and Justice André Cheong, is to handle divorces and disputes over children in a more harmonious, solution-focused manner rather than escalating matters through litigation.

Mediation aims to produce mutually agreeable outcomes in the best interests of families. Victoria Chan