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The Role of Mediators in Resolving Disputes Through Mediation

 

Jakarta — Mediation and the role of mediators have become increasingly significant in the resolution of civil disputes in Indonesia following the issuance of Supreme Court Regulation (PERMA) No. 1 of 2016 on Court-Annexed Mediation Procedures.

The regulation reinforces mediation as an essential mechanism for reducing court case backlogs, promoting amicable settlements, and improving access to justice for disputing parties. As a result, mediation is no longer viewed merely as an alternative dispute resolution mechanism but has become an integral component of Indonesia's civil justice system.

Under PERMA No. 1 of 2016, courts, judges, and certified mediators each play a crucial role in facilitating mediation in accordance with the applicable legal framework. The regulation also establishes clear procedural obligations and provides sanctions for parties who fail to participate in mediation in good faith, thereby strengthening the effectiveness of the mediation process.

The implementation of PERMA No. 1 of 2016 reflects the Indonesian judiciary's commitment to resolving disputes through consensus whenever possible before litigation proceeds to judgment. By encouraging constructive dialogue and negotiated settlements, mediation offers parties a dispute resolution process that is faster, simpler, more cost-effective, and mutually beneficial.

The growing importance of mediation also demonstrates the evolution of Indonesia's civil justice system toward promoting peaceful dispute resolution while preserving the legal rights and interests of all parties involved.

Read More : https://heylaw.id/blog/eksistensi-mediator-dalam-penyelesaian-sengketa-melalui-mediasi

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