Mediation is one of the processes of resolving disputes that is faster and cheaper and can provide greater access for the parties to find a solution that is satisfying and fulfills a sense of justice. Mediation is one of the ways to resolve disputes through a negotiation process in order to obtain the agreement of the parties with the assistance of the mediator.
Except for cases resolved through commercial court procedures, industrial relations courts, objections to the decisions of the Consumer Dispute Settlement Agency, and objections to the decisions of the Business Competition Supervisory Commission, all civil disputes submitted to the First Level Court must first be sought through settlement through peace with the assistance of a mediator. The mediation process, starting from the beginning.
Before Mediation
The judge is not a case examiner at the court concerned. Advocates or legal academics, a non-legal profession that is considered by the parties to have mastered or experienced in the subject matter of the dispute; Judges of case examiners; Combination of mediators referred to in particular items combination of items, or a combination of points. If in a mediation process there is more than one mediator, the division of mediators is determined and agreed upon by the mediators themselves.
However, if the results in a peace agreement, the parties with the assistance of the mediator have to formulate and state in writing and creating an agreement reached and then signed by the parties and the mediator. If in the mediation process the parties are represented by an attorney, the parties must declare in writing the agreement on the agreement reached. Before the parties sign an agreement, the mediator checks the material of the peace agreement to avoid any agreement that is against the law or that cannot be implemented or that contains bad intentions. The parties must return to the judge on the day of the hearing that has been determined to notify the peace agreement.
The Result
The parties can submit a peace agreement to the judge to be strengthened in the form of a peace certificate. If the parties do not want the peace agreement to be strengthened in the form of a peace deed, the peace agreement must contain a clause revoking the claim and or a clause stating the case has been completed. If after a maximum deadline of 40 (forty) working days, the parties are unable to produce an agreement or due to the clauses contained in the problem. The mediator must state in writing that the mediation process has failed and notify the judge of failure. Immediately after receiving the notification, the judge continues the examination of the case following applicable procedural law. There are differences in every countries, city, district, and et cetera if we talk about law, rules, and mediation but this is the common mediation process that you probably would get.
