scholarly journals EFEKTIVITAS MEDIASI DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA JAWA TENGAH

Al-Ahkam ◽  
2015 ◽  
Vol 25 (2) ◽  
pp. 181
Author(s):  
Muhammad Saifullah
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Problem Solution ◽  
Court System ◽  
Peace Agreement ◽  
Public Response ◽  
Divorce Mediation ◽  
Central Java ◽  
The Supreme Court

Mediation as one of Alternative Dispute Resolution (ADR) is seen as a way dispute resolution humane and just. Humanist because the mechanism decision-making (the peace agreement) become the authority of the parties dispute and maintain good relations. Fair because each party negotiate to option a problem solution from his problem and outputs a win-win solution. Therefore, dispute resolution with litigation is becoming obsolete and people turn to mediation. Through the Supreme Court Regulation (Perma) No. 1 In 2008, mediation has been integrated into the proceedings in the court system. Every civil matters must completed first by way of mediation. Each judge's decision not by way of mediation first, the decision shall be considered null and void. This paper discusses the effectiveness of mediation in the settlement of divorce cases in the Religious Court Central Java, because of a divorce case is a matter of the highest ranks in the Religious Court. The focus of the study is the implementation of divorce mediation cases, mediation success standard divorce cases and the litigants public response to the peace efforts through mediation procedures

2. The Court System and Alternative Dispute Resolution

2019 ◽  
pp. 16-40
Author(s):  
Lucy Jones
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Alternative Methods ◽  
European Convention ◽  
Court System ◽  
The European Union ◽  
English Court ◽  
European Court ◽  
The Supreme Court

This chapter discusses the English court system, civil disputes, and alternative dispute resolution. The courts in England and Wales form a hierarchy. At the lowest level are the Magistrates’ Courts and the County Courts, then the Crown Court and High Court, then the Court of Appeal, and finally the Supreme Court. The chapter considers the role of the Court of Justice of the European Union in interpreting EU law within Member States. It explains the position of the European Court of Human Rights, which deals with allegations of state breaches of the European Convention on Human Rights. Civil disputes arise in every area of business. An explanation of the civil procedure rules from commencing a claim to enforcement of a court judgment is provided. The chapter concludes with a discussion of alternative methods of dispute resolution including arbitration, mediation, and conciliation.

2. The Court System and Alternative Dispute Resolution

2017 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Alternative Methods ◽  
European Convention ◽  
Court System ◽  
The European Union ◽  
English Court ◽  
European Court ◽  
The Supreme Court

This chapter discusses the English court system, civil disputes, and alternative dispute resolution. The courts in England and Wales form a hierarchy. At the lowest level are the Magistrates’ Courts and the County Courts, then the Crown Court and High Court, then the Court of Appeal, and finally the Supreme Court. The chapter considers the role of the Court of Justice of the European Union in interpreting EU law within Member States. It explains the position of the European Court of Human Rights, which deals with allegations of state breaches of the European Convention on Human Rights. Civil disputes arise in every area of business. An explanation of the civil procedure rules from commencing a claim to enforcement of a court judgment is provided. The chapter concludes with a discussion of alternative methods of dispute resolution including arbitration, mediation, and conciliation.

scholarly journals Efektivitas Mediasi sebagai Alternative Dispute Resolution Terhadap Perkara Perceraian di Pengadilan Agama Pematangsiantar

2020 ◽  
Vol 3 (2) ◽  
pp. 734-742
Author(s):  
Rayani Saragih ◽  
Maria Ferba Editya Simanjuntak
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Good Faith ◽  
Mediation Process ◽  
Legal Research ◽  
Peace Agreement

This study aims to analyze the effectiveness of meditation on divorce cases in the Pematangsiantar Religious Court. The problem in this research is focused on how to implement Mediation in divorce cases at the Pematangsintar Religious Court. The research method in this research is empirical normative legal research, namely by analyzing the related regulations by summarizing them with the results of data obtained directly from the Pematangsianta Religious Court, then the data is analyzed qualitatively. This study concludes that mediation as an Alternative Dispute Resolution (ADR) is seen as an effective and fair way of dispute resolution. Mediation outside the court is regulated in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Mediation as a decision-making mechanism or a peace agreement is the main authority of the disputing parties and maintains good relations. Mediation must be carried out first in divorce cases before the judge decides in the divorce case, because every judge's decision that does not go through mediation is considered. null and void. The Mediator Judge as much as possible carries out a mediation process with the parties in the case so that the marriage is maintained. However, the success of mediation lies in the good faith of both parties in following and compliance with the mediation process.

An Undergraduate Course in Psychology and the Law

1987 ◽  
Vol 14 (4) ◽  
pp. 238-239 ◽  
Author(s):  
Edith Greene ◽  
Edith Greene
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Criminal Law ◽  
Alternative Dispute Resolution ◽  
Civil Law ◽  
Plea Bargaining ◽  
Jury Decision Making ◽  
Teaching Aids ◽  
The Law ◽  
Jury Decision

This article describes a course that bridged the disciplines of clinical and experimental psychology and the law. The course included discussion of issues in criminal law, such as the psychology of policing, the reliability of confessions, victimization, plea bargaining, jury decision making, and alternative dispute resolution, and in civil law, such as civil commitment, predicting dangerousness, and child custody. Course objectives, requirements, and teaching aids are outlined, and some thoughts on integrating these diverse topics are included.

scholarly journals Alternative Dispute Resolution: Use and Abuse of Information and Specialized Knowledge

1995 ◽  
Vol 33 (2) ◽  
pp. 301
Author(s):  
Judith A. Snider ◽  
C. Kemm Yates
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Specialized Knowledge ◽  
Natural Justice ◽  
The Subject ◽  
The Relationship

The authors examine the subject of Alternative Dispute Resolution ("ADR") with a focus on the issue of specialized knowledge and its use in two particular spheres of ADR: regulatory tribunals and arbitration. The authors define "specialized knowledge" and compare it to the concept of evidence in order to determine whether it is evidence which can be relied upon by regulators and arbitrators in the context of their ADR decision-making. The relationship between specialized knowledge and the rules of natural justice is explored — in particular, the audi alteram pattern rule and the rule against bias. The authors conclude by suggesting guidelines to be used by arbitrators and regulatory tribunals in adjudicating on matters before them in order to avoid challenges, by judicial review, to their decisions on the basis of misuse or "abuse" of their specialized knowledge.

Dissolution of Marriage

2019 ◽  
pp. 101-121
Author(s):  
Eve M. Brank
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Financial Support ◽  
Personal Relationships ◽  
State Laws ◽  
The Law ◽  
The Relationship

Not all marriages last and unlike other personal relationships, the dissolution of a marriage requires legal involvement to end the relationship. A divorce not only severs a marriage, but it also introduces legal involvement. That legal involvement is in the form of state laws that define how divorces are granted, whether the couple needs to have a formal separation before a divorce can be granted, how property should be divided upon dissolution, and whether formalized spousal financial support should commence. Although the law is involved in each of these issues, there are now more opportunities for the use of alternative dispute resolution options rather than traditional court settings that attempt to give more of the decision making back to the couple.

ADR’s Place at the Justice Table

2021 ◽  
pp. 382-386
Author(s):  
Elayne E. Greenberg
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Court System ◽  
Sociological Perspective ◽  
Two Cultures ◽  
Broad Applicability

As alternative dispute resolution (ADR) innovations become institutionalized into the court system, ADR’s promise to humanize and personalize justice too often becomes co-opted by the more dominant values of the traditional legal system. Professor Menkel-Meadow refers to this co-opting as a “clash of two cultures.” This “clash” is actually the legal system’s ongoing acculturation of ADR, focusing on efficiency and settlement often at the expense of preserving the distinct qualitative benefits such innovations offer the justice system. Why does this co-opting happen? From a sociological perspective, it can also be understood to be an extension of the ongoing feminist struggle to gain voice and legitimacy within the legal system and within broader society. This comment invites the reader to re-examine the institutionalization of ADR innovations through this acculturation lens. Although the focus will be on the institutionalization of court annexed mediation programs, these lessons have broad applicability to many court annexed ADR innovations....

But What If We Cannot Agree?

2020 ◽  
Vol 23 (1) ◽  
pp. 71-88
Author(s):  
Richard Schmitt ◽  
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Majority Rule

A central challenge common to democratic processes is the inability of citizens to reach agreement on any given matter. Most frequently these disagreements are settled by vote, victory going to the majority. But majority rule is a fairly recent technique. Traditionally decisions were made by some form of non-opposition. This paper describes several versions of that decision-making technique and then shows how mediation methods, also known as “ADR” (Alternative Dispute Resolution), can replicate these traditional ways of overcoming disagreement. The paper argues that these techniques are frequently superior to electoral methods of reaching agreement.

scholarly journals UPAYA HUKUM BAGI PIHAK YANG MENOLAK PUTUSAN ARBITRASE AD-HOC

Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 247-257
Author(s):  
Farrah Rizky Amelia Mirza
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Ad Hoc ◽  
District Court ◽  
Legal Requirements ◽  
The Supreme Court ◽  
Arbitration Award

Dispute resolution through alternative channels is arbitration known since the conflict with Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Arbitration is a method of civil approval outside the general court made based on an arbitration agreement made by the parties to the dispute. Ad-hoc arbitration is an arbitration specifically designed to resolve or reduce certain disputes, or in other words, ad-hoc arbitration is incidental. Arbitration decisions can be returned if it is agreed to contain no-no in Article 70 letter (a), (b), (c) Law Number 30 Year 1999. Can be proven by one of the disadvantaged parties, it can be asked. Cancellation to the Chair of the District Court and being received by the Chair of the Supreme Court requesting an examination of the cancellation of the arbitration award at the first and last level. The Judicial Review (PK) can also be used in arbitration disputes that have permanent legal requirements, asking PK to be asked to the Supreme Court, which is submitted requesting PK to approve the arbitration decision, will be the decision of the Chair of the District Court to support the cancellation of the award.

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