Mediasi dan Arbitrase

The definition of Mediation according to the Big Indonesian Dictionary is the process of involving a third party in resolving a dispute as an advisor. Meanwhile, according to the Supreme Court Regulation on the definition of Mediation, namely a way of resolving disputes through a negotiation process to obtain an agreement between the Parties with the assistance of a Mediator.

So it can be concluded that Mediation is actually an alternative dispute resolution that aims for efficiency and effectiveness both in terms of time, energy, and costs that avoid the lawsuit process in court because it is known to be very burdensome, expensive and also time consuming. Long and tedious time, implementation process.

In the world of business or business where the principle that Time is Money is well known, of course no entrepreneur or businessman wants a problem-solving process that takes a long time or is protracted because this will have an impact on inefficiency or even potentially hamper the development of the business he is running. In addition, in the world of international business, problem or dispute resolution through Mediation is commonplace and even one of the most preferred alternatives by businessmen in dispute. In addition to the series of advantages that the author has previously described, another factor that makes the Mediation path an option for the parties to the dispute is the skills and expertise possessed by the Mediators who act as mediators where the Mediator members not only master the business field that is being disputed. But also a practitioner with experience in the business field for which the solution is being sought.
Likewise, when viewed from the reputation side, where every developing company always tries to maintain the good name or reputation of the business or business that is being run. Thus the issue of resolving disputes or cases being faced by an entrepreneur is an important part that must be resolved very carefully because it involves the good name or good name of the business concerned and dispute resolution through closed mediation will certainly bring significant benefits to maintaining reputation.

The regulation of Mediation as an alternative dispute resolution itself is not regulated in the Law because it is a means to find a solution or resolution of a problem by analysing existing legal facts so that justice can be found that can be used as a guide. Therefore, in essence, mediation is part of the judiciary as regulated in the Judicial Power Act, so that the regulation of Mediation itself is regulated in the Supreme Court Regulation as the culmination of Judicial Power in Indonesia.
In essence, a business dispute is a civil dispute arising from an agreement made by the parties to the dispute, in this case the business actors. Therefore, in dispute resolution, whether through court or out-of-court mediation, the initiative and goodwill of the disputing parties is the only best way to reach a settlement.

Furthermore, it can be understood that if the parties to the dispute have agreed to find a solution, then in essence the problem has been resolved, either through court or out-of-court mediation. Parties who have agreed to mediate out of court will make a deed of peace that is agreed upon and must be implemented. So it can be understood that a deed of peace has the same power as a judge's decision in court.

How to choose the right Mediator so that the parties to the dispute can be more careful in reaching a settlement?
The correct Mediator is more defined by the author as a suitable Mediator, i.e. those who already have sufficient experience and skills in the field of business being challenged, in addition to this odd number of mediators (usually consisting of 3 or 5 people) must also consist of at least a legal expert and have a certificate stipulated by PERMA.
Contact our law office to get an explanation of the field of mediation as above, our expert Mediators are ready to serve and answer your questions with a complete explanation in accordance with applicable laws.

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