Mitigation of Estate Distribution Disputes through Mediation-based ADR Approach

Abstract

The many unresolved inheritance cases in Malaysia show that arising estate distribution disputes pose significant obstacles, revealing a need for better resolution. Considering the trial processes in both civil and Sharia courts are often associated with delays due to their respective procedural rules, this study aims to explore alternatives that facilitate faster and less burdensome dispute resolution. Through qualitative methods, the identified disputes are family disagreements, communication challenges, outsider interference, and third-party disputes, e.g., financial institutions. The findings suggest mediation is a valuable strategy to improve estate distribution and reduce pending inheritance cases due to its cost-effectiveness and straightforward procedure.