The Effectiveness of Mediation as an Alternative of Civil Dispute Settlement

Abstract

The principle of simple, fast and inexpensive process is a very important principle in the implementation of procedural law. In practice, court dispute resolution processes fail to take into account common interests, tend to create new problems, are slow to resolve, costly, unresponsive, and create hostility among disputing parties. In response, and in an effort to strengthen and streamline the functioning of the judiciary, the Supreme Court (MA) has introduced mediation as an integral part of the court's dispute resolution process. The accumulation of cases is expected to be overcome. However, empirical facts show the opposite. According to previously published research, the trend of cases resolved by litigation remains high and is increasing each year, including Class IA in Tanjung Karang District Court. As a result, there were 209 cases in 2017, 237 cases in 2018, and 260 cases in 2019. Based on these matters, a comprehensive study needs to be conducted to analyze the effectiveness of mediation as an alternative dispute resolution in the First Class Court of Tanjung Karang District Court.