Proceedings of the 19th Annual International Conference on Islamic Studies, AICIS 2019, 1-4 October 2019, Jakarta, Indonesia

Research Article

Integrated Mediation in the Court as a Hybrid Culture in Family Dispute Resolution in the Global Era

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  • @INPROCEEDINGS{10.4108/eai.1-10-2019.2291707,
        author={N  Triana and N  Mukhtar},
        title={Integrated Mediation in the Court as a Hybrid Culture in Family Dispute Resolution in the Global Era},
        proceedings={Proceedings of the 19th Annual International Conference on Islamic Studies, AICIS 2019, 1-4 October 2019, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={AICIS},
        year={2020},
        month={2},
        keywords={legal culture mediation family disputes global era},
        doi={10.4108/eai.1-10-2019.2291707}
    }
    
  • N Triana
    N Mukhtar
    Year: 2020
    Integrated Mediation in the Court as a Hybrid Culture in Family Dispute Resolution in the Global Era
    AICIS
    EAI
    DOI: 10.4108/eai.1-10-2019.2291707
N Triana1,*, N Mukhtar1
  • 1: Institut Agama Islam negerti (IAIN) Purwokerto, Indonesia
*Contact email: triananita@ymail.com

Abstract

Cultural globalization brought closer cross-cultural contacts accompanied by a reduction in the uniqueness of previously isolated communities. Globalization has also changed people’s perspectives in the social system, economy, and even in legal cultures. The cultural shift takes place in family dispute resolution in which it has been deliberated to court through a divorce. A new model of family dispute resolution is needed, one which can bring together the local and modern two cultures. Using qualitative descriptive analysis, this research attempts to examine the values and strengths of the non-registration process. The results of the research show that a mediation model integrated into the court is exemplified by a family dispute resolution that can accommodate the two cultures in the community. This model of a hybrid culture in consensus-based dispute resolution could be integrated into the court system which is objective and binding. The integrated mediation in the court also represents a local and modern hybrid culture in terms of mediators. Deliberations or negotiations that are guided and organized by neutral and impartial mediators from the certified professionals could bring trust and resolution for the disputing parties.