scholarly journals Esensi Penyelesaian Sengketa Perdata melalui Mediasi Nonlitigasi

2021 ◽  
Vol 23 (1) ◽  
pp. 85
Author(s):  
Muten Nuna ◽  
Ibrahim Ahmad ◽  
Agustina Bilondatu ◽  
Dince Aisa Kodai ◽  
Roy Marthen Moonti
Keyword(s):  
Dispute Resolution ◽  
Legal Issues ◽  
Mediation Process ◽  
Civil Cases ◽  
Civil Dispute

There are legal issues in the society which resolved through a non-litigation mediation process, especially in civil disputes, where there are several factors that influence people prefer to settle legal issues through non-litigation aspects rather than resolving cases by litigation or through the court. This article aims at explaining how the principles and stages of civil dispute resolution through non-litigation mediation and the essence or value that can be used for the society in dispute. So it can be concluded that this article wants to explain that non-litigation mediation in principle has a consensual as well as collaborative nature, so the result will have win-win solution for each sides, so that the problematic side is cannot be harmed. Then there is a very large value which can be taken, if several problems that arise in society, especially in civil cases which resolved through non-litigation mediation aspects.

scholarly journals Mediasi Sebagai Alternatif Penyelesaian Sengketa Perdata di Pengadilan (Analisis Putusan Nomor. 52/PDT.G/2015/PN.RAP)

2019 ◽  
Vol 1 (2) ◽  
pp. 194-201
Author(s):  
Nur Hikmah ◽  
Darwinsyah Minin ◽  
Isnaini Isnaini
Keyword(s):  
Dispute Resolution ◽  
District Court ◽  
Mediation Process ◽  
Civil Case ◽  
Basic Law ◽  
The Law ◽  
Civil Cases ◽  
Set Up ◽  
Case Number ◽  
Selection Of

Peace is the most gentle answer as well as a win-win solutin, the existence of the basic law of mediation in Indonesia as an alternative to the dispute resolution outside the court can be seen in Article 130 HIR and Article 154 RBG which has set up a peace institution which then judges shall first reconcile the parties before the case is reviewed, as described in Article 130 HIR / 154 RBG and PERMA Number. 01 of 2008 on Mediation Procedures in Courts. The formulation of the problem is how the rules of mediation law as an alternative to the settlement of civil disputes in the Court, how the implementation and mechanism in the selection of Mediators at the District Court Rantauprapat and how the results of mediation on civil cases Number.52 / Pdt.G / 2015 / PN.Rap generated from the mediation process, the aim is to know and simultaneously find the law of mediation as an alternative to civil disputes settlement in the Court and to know the implementation and mechanism of the selection of Mediator in Rantauprapat District Court and meganalisis the decision of civil case Number.52 / Pdt.G / 2015 / PN.Rap resulting from the mediation process

scholarly journals The Repositioning Mediation Court Model in Civil Dispute Resolution with Justice

2018 ◽  
Vol 175 ◽  
pp. 012183
Author(s):  
Benny Riyanto ◽  
Hapsari Tunjung Sekartaji ◽  
Dewi Nurul Musjtari
Keyword(s):  
Dispute Resolution ◽  
Civil Dispute

scholarly journals IMPLEMENTASI KEBIJAKAN PERATURAN MAHKAMAH AGUNG NOMOR I TAHUN 2008 TENTANG PROSEDUR MEDIASI DI PENGADILAN AGAMA BANDUNG KELAS I.A

1970 ◽  
Vol 18 (1) ◽  
pp. 1-18
Author(s):  
Kun Budianto
Keyword(s):  
Dispute Resolution ◽  
Islamic Law ◽  
Regulatory Policy ◽  
Mediation Process ◽  
Court Cases ◽  
Policy Rules ◽  
Litigation Process ◽  
Settlement Of Disputes ◽  
Sense Of Justice ◽  
Religious Courts

This article discussed regulatory policy on mediation in religious courts way dispute resolution through mediation according to Islamic law and implementation of mediation in settlement court cases in Religious Courts Bandung Class I A. This research base on the policy rules by mediation in the  Religious Courts;  (a)  the  benefits to  be  gained if mediation used as a means in the  settlement  of  disputes,  namely  the  mediation process  could overcome  the  problem  of  accumulation of  matter,  the  mediation process is viewed as a means of dispute resolution that is faster and cheaper than the litigation process, enforcement of mediation can expand access for all parties to gain a sense  of  justice,  (b)  provision their peace  efforts in legislation.  (c) Indonesian society is a society that likes peace. The Implementation of the mediation process done with two ways, namely mediation initial litigation, and over litigation.

scholarly journals The Role of Alternative Dispute Resolution in Trans-Boundary Land Dispute: The Case of Ikot Idaha and Osuk Ediene Communities in Akwa Ibom State, Nigeria

2019 ◽  
Vol 17 (2) ◽  
pp. 68-78
Author(s):  
R.E Ukpong-Umo ◽  
I.U Udobia ◽  
A.O Agwu
Keyword(s):  
Conflict Resolution ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Monitoring And Evaluation ◽  
Mediation Process ◽  
Interview Method ◽  
Land Dispute ◽  
The People ◽  
Content Analysis Method ◽  
Border Conflicts

The perennial land dispute of Ibime Water Trench, a trans-boundary land area between Ikot Idaha and Osuk Ediene Communities in Ikono Local Government Area of Akwa Ibom State has led to discord, hatred and dissonance over several years in the past. Despite repeated efforts by both parties to identify and resolve the underlying issues and contain the problem, it was found to have recurred after a period of seeming calm. This paper therefore aims at investigating and identifying the underlying factors that trigger recurrent trans-border conflicts between Ikot Idaha and Osuk Ediene Communities and the application of Alternative Dispute Resolution (ADR), using the Mediation Technique in conflict resolution. Data were elicited through the indept interview method and analysed using the content analysis method. Result shows that through the Mediation process, both disputing parties were able to resolve their differences and have been living and sharing in the Ibime water resources together and peacefully for over thirty years. In line with the theory of Conflict Resolution, the development of Impact Sensitive Outcome Mapping as a form of monitoring and evaluation was adopted to serve as an intervention to proffer a lasting solution for a peaceful coexistence among the people of both communities.

scholarly journals Mexico-U. S. Cross-Border Family Mediation: Legal Issues in Mexico

2016 ◽  
Vol 1 (18) ◽  
pp. 129
Author(s):  
Nuria González Martín
Keyword(s):  
Dispute Resolution ◽  
Mexico City ◽  
Child Custody ◽  
Legal Issues ◽  
Family Mediation ◽  
Child Abduction ◽  
Cross Border ◽  
Binary Approach ◽  
International Child ◽  
The Usa

The approach taken by society toward dispute resolution in child custody cases has historically been seen as litigation versus mediation. Given the current volume of cross-border family-related disputes, this binary approach no longer makes sense. In this note, I provide a brief introduction to mediation in Mexico, especially Mexico City. I also analyze other ideas regarding International Child Abduction by one of the Parents and International Family Mediation between Mexico and the USA.

Some Legal Issues of the Execution of the Writ

2020 ◽  
Vol 12 ◽  
pp. 32-36
Author(s):  
L. V. Yaroshenko ◽  
Keyword(s):  
Legal Issues ◽  
Bad Faith ◽  
Civil Cases

In this article the author is studied issues of the execution of the writ in the civil cases. The author considers the problems of reversal of the writ on which the debt is absent. Additionally, in this article the author explores the problems of bad faith of plaintiffs, who brings to execution of the annulled writ.

Competing constraints in alternative dispute resolution

1996 ◽  
Vol 19 (2) ◽  
pp. 79-114 ◽  
Author(s):  
Calvin D. Smith
Keyword(s):  
Dispute Resolution ◽  
Rapid Growth ◽  
Alternative Dispute Resolution ◽  
Preliminary Analysis ◽  
The Other ◽  
Mediation Process ◽  
Other Hand ◽  
Community Justice ◽  
Justice Program ◽  
The One

Despite rapid growth in the provision of alternative dispute resolution services by governments, little sociological attention has been paid to the emerging form these services take. In this paper I offer a preliminary analysis of mediations conducted by the Community Justice Program in Queensland. I focus on the interactional management of two competing constraints on the talk. On the one hand mediation services must provide an accountably standardised and recognisable process. This creates the need for formalisation of the mediation process. On the other hand, because of philosophical commitments to disputant control over the dispute and its outcome, Community Justice Program mediations must be conducted in such a way as to display this commitment to disputant control and authority in the proceedings. This creates a conflicting need for displays of informality. This paper focuses on some strategies which appear to be designed to achieve this mix of formality and informality in Community Justice Program mediations.

scholarly journals Family Dispute Resolution from the Perspective of Comparative Law

2018 ◽  
Vol 14 (8) ◽  
pp. 153
Author(s):  
Chungang Miao
Keyword(s):  
Dispute Resolution ◽  
Legal Reform ◽  
Comparative Law ◽  
Chinese Law ◽  
The Family ◽  
Technical Rationality ◽  
Current Reform ◽  
Civil Cases ◽  
Family Based

Family cases are different from ordinary civil cases in that they have their own ethical solutions. The traditional Chinese law deals with family disputes focusing on reason law, while legal reform uses the legal technical rationality to weaken the ethical attributes. The current reform of the family trials in China is based on the experience of the extraterritorial law, and gives due consideration to the return of the family-based standard, paying attention to the rights of under-age children. Around this goal, issues such as the resolution principles and procedures of family disputes should be adjusted.

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