The Mediation Stage and Trial Process after Carrying Mediation. If you have known what mediation is, then, you should know the mediation stage. And, in the consideration of the decision must mention the mediation effort.
Mediation is the process of resolving cases through negotiations to obtain the agreement of the parties with the assistance of the mediator. Then, how are the mediation process and the trial after the mediation is complete?
How does the mediation process take place?
Pre-Mediation Process
The parties, in this case, the plaintiff filed a lawsuit and registered the case. The Chairman of the District Court appoints a panel of judges. On the first day of the trial, the panel of judges must seek peace with the parties through a mediation process. The parties can choose a judge or non-judge mediator who has a certificate as a mediator within 1 (one) day.
Mediation Process
After the appointment of the mediator, the parties must submit a photocopy of the document containing the case sit. A photocopy of the required documents and other matters related to the dispute to the mediator and the parties. The mediator must determine the schedule for the meeting to settle the mediation process
The summoning of expert witnesses is possible with the agreement of the parties. Where all the expert service costs are borne by the parties based on the agreement. The mediator must encourage the parties to explore and explore the interests of the parties and look for the various best settlement options. If needed, caucus or a meeting between the mediator and one of the parties without the presence of other parties can be done
Final Mediation Process
It is the last mediation stage. If the mediation results in an agreement, the parties must formulate in writing an agreement reached and signed by both parties. which the judge can confirm as a deed reconciliation If an agreement is not reached. The judge continues the case examination in accordance with the applicable procedural law.
The trial process after the mediation is carried out
Mediation did not reach agreement
If the mediation does not reach an agreement, the trial will proceed according to the stages.
Mediation reaches an agreement
If the mediation reaches an agreement, the parties must face the judge by bringing the results of the agreement that has been signed by the parties. With regard to the agreement, the parties can:Revoke the lawsuit as a clause that must be stated in the agreement. If the results of the agreement do not want to be stated in the decision.For Divorce cases.
Etc
The cost of summoning the parties to the mediation process is first borne by the Plaintiff or the Applicant. The mediated type of Case is all types of civil cases. Confession cannot be used as evidence in the case concerned or other cases and must be destroyed and the mediator cannot be a witness and if the mediation succeeds in reaching an agreement and it turns out that there was an error causing the loss. The mediator cannot be subject to criminal or civil liability on the contents of the peace agreement resulting from the mediation process.
