Mediation as a Way to Resolve Conflicts

Kokoeva, Louise T.; Garunova, N.N.; Gurkina, Daria A.; Slepenok, Yulia N.; Stepanova, Lyudmila P.

doi:10.1007/978-3-030-90324-4_143

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“…Notary shall be professional in carrying out his duties and authorities by having high moral integrity, performing office duties in accordance with local wisdom, upholding religious values and speaking well and politely, being honest with themselves and others, does not prioritize personal gain, prioritizes service supported by expertise, does not discriminate against clients, and always adheres to the notary association's code of ethics. [6] Furthermore, the mediation arrangements and mediators are tailored to the interests of the opposing parties. According to Article 17 of the Notary Profession Law, there is no particular legislation prohibiting a notary from acting as a mediator, as the mediator is not a state official nor a high-ranking state institution and does not administer state affairs.…”

Section: The Regulation Concerning Notary As Meditator In Land Disput...mentioning

confidence: 99%

Notary: Mediator in Mediation of Land Dispute of the Parties in the Deed

Purnamawati¹

2023

Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)

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Notaries must be fair and impartial when offering services to the community, avoiding status and class discrimination. In practice, there are also notaries who serve as mediators for deed dispute mediation. The notary is morally obligated to resolve problems relating to the document they drew up. It is possible for the notary to become the mediator of the parties in the deed in the context of land conflicts, such as in the sale and purchase transaction. The employed research method is a normative legal research method that combines the statutory and conceptual approaches. Notary as a mediator is conducted in line with the provisions of Law No. 2 of 2014 about the Notary Profession and the legal foundation of Notaries as legal counselors. The mediation phase is also conducted in accordance with the rules outlined in Supreme Court Regulation No. 1 of 2016 on Mediation Procedures, which also authorizes the mediator to assist the parties in resolving their disagreement through mediation outside of court. The choosing of a notary as a mediator is the desire of the parties who request the services of a notary to mediate, as the notary is a person in whom the parties place their trust due to all the benefits he possesses. In the land dispute mediation process including the parties in the deed he drew up, the Notary's function as a mediator is to ensure the object of the conflict and the truth of the object of dispute in accordance with the deed he drew up, while the parties themselves determine the peace.

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Section: The Regulation Concerning Notary As Meditator In Land Disput...mentioning

confidence: 99%

Notary: Mediator in Mediation of Land Dispute of the Parties in the Deed

Purnamawati¹

2023

Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)

View full text Add to dashboard Cite

show abstract

Mediation as a Way to Resolve Conflicts

Cited by 1 publication

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Notary: Mediator in Mediation of Land Dispute of the Parties in the Deed

Notary: Mediator in Mediation of Land Dispute of the Parties in the Deed

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