Proceedings of the 1st Workshop on Multidisciplinary and Its Applications Part 1, WMA-01 2018, 19-20 January 2018, Aceh, Indonesia

Research Article

Dispute Resolution Through Mediation Can Reduce Case Deposits in Court

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  • @INPROCEEDINGS{10.4108/eai.20-1-2018.2282074,
        author={Muhammad  Hatta},
        title={Dispute Resolution Through Mediation Can Reduce Case Deposits in Court},
        proceedings={Proceedings of the 1st Workshop on Multidisciplinary and Its Applications Part 1, WMA-01 2018, 19-20 January 2018, Aceh, Indonesia},
        publisher={EAI},
        proceedings_a={WMA-1},
        year={2019},
        month={9},
        keywords={mediation reduce stacking case court},
        doi={10.4108/eai.20-1-2018.2282074}
    }
    
  • Muhammad Hatta
    Year: 2019
    Dispute Resolution Through Mediation Can Reduce Case Deposits in Court
    WMA-1
    EAI
    DOI: 10.4108/eai.20-1-2018.2282074
Muhammad Hatta1,*
  • 1: Departement of Law, Universitas Malikussaleh, Aceh, Indonesia
*Contact email: muhammad.hatta@unimal.ac.id

Abstract

Indonesian judges are considered incapable of resolving disputes quickly so that many cases accumulate in court every year. Mediation is one of the Alternative Dispute Resolutions that are considered to help in reducing the burden on the accumulation of cases in court. Mediation has advantages such as mediation carried out on sincere and sincere intentions, closed and confidential mediation forums, all parties can actively participate, flexible procedures, mediators are selected by mutual agreement and the decisions taken do not harm either party (win-win solution). Under this approach, dispute resolution through mediation is faster and more economical with success rates of 80-90 percent. Although there are some courts in Indonesia classified as successful in mediation, such as the District Court of Depok by 25 percent and the North Jakarta Religious Court account for 70 percent of all cases that go to the court. However, the use of mediation in Indonesia is still relatively low at 4 percent of all cases admitted in court. In order for mediation to be effective, the government must reform several laws related to dispute resolution both in court and out of court.