MEDIATION: A KEY ALTERNATIVE FOR DISPUTE RESOLUTION

Mediation is a negotiation-based method of resolving disputes, where the involved parties seek a mutual agreement with the help of a mediator. If mediation is part of a court case, the mediator must hold a Mediator Certificate, obtained by completing a certification program accredited by the Supreme Court of Indonesia or an authorized institution.

The process of court mediation is regulated by Supreme Court Regulation No. 1 of 2016 on Mediation Procedures (Perma No. 1/2016). Article 7 of this regulation requires parties and their attorneys to participate in mediation in good faith. A mediator may declare a party as acting in bad faith under the following circumstances:

Failing to attend two consecutive mediation sessions without a valid reason,
Attending the first session but skipping follow-ups despite being properly summoned,
Causing delays by repeatedly missing meetings without justification,
Refusing to submit or respond to case documents, or
Declining to sign an agreed reconciliation agreement without valid cause.

According to Article 22 of Perma No. 1/2016, if the plaintiff is found to be acting in bad faith, the court may dismiss their claim.

However, there are valid reasons for missing mediation sessions, such as:

A health condition, supported by a doctor’s letter, that prevents attendance at the mediation meeting,
Being under legal guardianship,
Residing or being located abroad,
Performing state duties, having professional obligations, or work commitments that cannot be postponed.

Mediation must be completed within 30 days, though it may be extended by another 30 days if both parties agree. If successful, the mediator and the parties draft and sign a reconciliation agreement, with attorneys ensuring it aligns with their client’s preferences.

In short, mediation provides a flexible, efficient alternative to litigation, allowing parties to reach fair and mutually beneficial resolutions, guided by a certified mediator.

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