Pelatihan Mediasi Batch CXXXIX(139)| Agus Anwar Pahutar| Sengketa Perceraian

Summary

In this mediation session, a certified mediator facilitates a tense conversation between a husband and wife on the brink of divorce. The wife expresses frustration over her husband's failure to provide financial support, while the husband highlights his own struggles with limited income. Despite their differences, both show a desire for reconciliation, especially for the sake of their four children. The mediator encourages them to consider the consequences of divorce, urging them to remember their past love and the importance of family. Ultimately, they agree to try and resolve their issues, with the hope of improving their relationship.

Takeaways

• 😀 The mediation session is conducted by Agus Anwar Pahutar, a certified mediator, to resolve a marital dispute between Siti and her husband.
• 😀 Confidentiality is emphasized; discussions within the mediation cannot be disclosed without mutual consent.
• 😀 Participation in the mediation is voluntary, and both parties have the equal right to speak and express their concerns.
• 😀 Mutual respect is required during the session: no offensive language, no shouting, and ethical conduct must be maintained.
• 😀 The mediator encourages focusing on solutions rather than blame, ensuring that the discussion is productive.
• 😀 Siti, the plaintiff, expresses financial dissatisfaction, noting her husband has not provided adequate support for the household and children for six months.
• 😀 Emotional issues are raised, including feelings of unappreciation and frustration due to misunderstandings about responsibilities and contributions.
• 😀 The mediator reminds both parties to consider the welfare of their four children and the long-term psychological effects of divorce.
• 😀 Siti expresses continued love for her husband and willingness to reconcile if he changes his behavior and fulfills his obligations.
• 😀 The mediator facilitates a potential path for reconciliation, emphasizing that divorce is permissible but disliked in Islam and that both parties should make a sincere effort to improve the family situation.
• 😀 Agreements made during the mediation are intended to be binding, with written documentation and conditions for accountability for both parties.

Q & A

What is the role of the mediator in this process?

The mediator's role is to facilitate communication between the parties, ensure they adhere to the rules of mediation, and help them reach a mutual agreement. The mediator remains neutral and does not take sides in the case.

What are the rules outlined by the mediator for the mediation process?

The mediator outlines several rules: confidentiality (discussions are not to be shared without mutual consent), voluntary participation, the right for both parties to speak, mutual respect, focus on finding solutions, and agreements made during mediation are binding.

What is the main issue that the woman (the plaintiff) is facing in her marriage?

The woman is facing financial issues in the marriage, specifically with her husband not providing sufficient living expenses. She also feels neglected and undervalued due to her husband's behavior.

What is the husband's perspective on the situation?

The husband feels that his wife is sometimes wasteful and does not manage finances well. He seems to be frustrated with her sales results and the lack of financial support coming from her, leading to tensions in their relationship.

Why does the woman want a divorce?

The woman is considering divorce due to ongoing financial strain, her husband's failure to meet his obligations, and a lack of emotional support. She also feels that her husband's promises are not fulfilled, which contributes to her frustration.

What does the mediator advise the woman regarding her desire for a divorce?

The mediator suggests that divorce should not be taken lightly and emphasizes the importance of considering the children and the long-term consequences of the decision. The mediator encourages the woman to reflect on her feelings and the possibility of reconciliation.

What condition does the woman set for staying with her husband?

The woman expresses that she is willing to stay with her husband, but only if he improves his behavior, specifically in terms of fulfilling his financial responsibilities and keeping his promises.

How does the mediator encourage the parties to resolve their issues?

The mediator encourages both parties to focus on finding solutions, remember their shared history and love, and consider the impact of their decisions on their children. The mediator urges the husband to change his behavior and work on the family's well-being.

What is the significance of the couple's four children in this mediation?

The mediator repeatedly highlights the children's well-being as a central factor in the decision-making process. The mediator emphasizes that the children will be affected by their parents' actions, particularly in terms of emotional and psychological consequences.

What kind of change does the woman hope to see in her husband?

The woman hopes that her husband will change his behavior by becoming more responsible, particularly in terms of supporting the family financially and emotionally. She wants him to take the family situation more seriously and fulfill his role as a husband and father.