PROSES MEDIASI PART 1

Summary

This transcript outlines the process of mediation in civil court cases, emphasizing its significance in resolving disputes peacefully. It covers the revised Supreme Court Regulation No. 1 of 2008, which mandates that all civil cases undergo mediation before litigation. The script highlights the role of mediators, the selection process, and the importance of creating a conducive environment for mediation. Through dialogue and negotiation, parties are guided toward mutual understanding and resolution. The use of films for mediator training is also mentioned, showcasing the structured approach to enhancing dispute resolution skills.

Takeaways

• 😀 The Supreme Court of Indonesia is committed to enhancing the success of peaceful dispute resolution through mediation in court, as indicated by the revision of Regulation No. 2 of 2003 and Regulation No. 1 of 2008.
• 😀 Mediation is a global phenomenon used in many countries to resolve civil disputes amicably, with high success rates in countries such as Japan, the United States, Australia, the Philippines, and Singapore.
• 😀 Achieving successful dispute resolution through mediation is challenging and requires consistent efforts, including formal and informal socialization through education and training.
• 😀 The use of films in training mediators is an effective way to demonstrate mediation processes and techniques, aiming to empower individuals in peacebuilding roles.
• 😀 The Supreme Court regulation emphasizes the importance of mediation in court, where all civil cases must first undergo mediation before being heard in court.
• 😀 Mediation involves negotiations facilitated by a neutral mediator (judge or non-judge), with costs covered by the parties involved, unless the mediator is a judge.
• 😀 Mediation must be conducted within 40 working days after the appointment of the mediator, but can be extended for another 14 days if there is potential for an agreement.
• 😀 If mediation is successful, the agreement must include clauses regarding the dismissal of the lawsuit or the enforcement of the settlement in a court decision.
• 😀 The process of choosing a mediator should be completed within two working days, and if the parties cannot agree, the court will appoint one.
• 😀 The physical setup of the mediation room is important for facilitating effective communication, with considerations for seating arrangements, room size, lighting, and comfort.

Q & A

What is the significance of the revisions to the 2003 regulation and the introduction of the 2008 regulation?

The revisions show the Supreme Court's strong commitment to improving the success of peace through mediation in court, as outlined in the 2008 regulation. This aims to facilitate dispute resolution using peaceful methods and supports the implementation of articles 130 hir and 154 rbg, which promote mediation as an alternative to litigation.

Why is mediation considered a global phenomenon in dispute resolution?

Mediation is a global phenomenon because it is widely practiced in courts around the world, with high success rates in countries such as Japan, the United States, Australia, the Philippines, and Singapore. It is seen as an effective method for resolving civil disputes peacefully.

What is the primary challenge in achieving successful dispute resolution through mediation?

The main challenge is the time and consistent effort required to make mediation successful. Achieving high success rates in peaceful dispute resolution is not easy and demands continuous efforts, including education, training, and socialization.

How does the use of films contribute to the socialization of mediation techniques?

Films are used as a tool to educate and train people about mediation techniques. They provide visual examples of the mediation process, helping participants understand how a mediator can facilitate a peaceful resolution and encouraging creativity in developing mediation skills.

What role do mediators play in the dispute resolution process?

Mediators help facilitate dialogue between conflicting parties to reach a mutually acceptable resolution. They remain neutral and do not make decisions or judgments but guide the parties through the negotiation process to find common ground.

What are the guidelines for selecting mediators in court mediation processes?

Mediators can be selected from various professionals, including judges, lawyers, or academics, as long as they are registered in the court's mediator registry. The parties must choose a mediator no later than two working days, and if they cannot agree, the court will appoint one.

What are the key stages of a mediation process as outlined in the regulation?

The mediation process begins with the appointment of a mediator, followed by a 40-day period where the mediator works with the parties to reach a settlement. If necessary, this period can be extended by 14 more days. If a settlement is reached, a peace agreement must be recorded in the final court judgment.

How long is the mediation period, and what happens if the parties do not attend meetings?

The mediation period lasts for 40 working days, and if the parties do not attend two consecutive meetings, the mediator can declare the mediation process as failed. However, the process may be extended if a resolution appears possible.

What is the role of the mediator in terms of room preparation for mediation sessions?

The mediator must ensure that the mediation room is set up to encourage effective communication. This includes ensuring the room is comfortable, quiet, and appropriately arranged with seating that fosters dialogue, as well as ensuring the presence of necessary tools like whiteboards or flip charts.

What are some important skills that mediators must possess to effectively manage a mediation session?

Mediators need to have strong communication, negotiation, and conflict resolution skills. They must remain neutral, create a safe space for dialogue, manage emotions, and guide the parties through the mediation process to ensure a constructive outcome.