Eksistensi dan Kekuatan Mediasi dalam Penyelesaian Sengketa Perdata di Pengadilan

This article aims to discuss the role and strength of mediation in setting conflicts of the personal status of law in civil courts. According to Supreme Court Circular No. 2/2002, and Supreme Court Regulation No. 2/2002, which was later revised by the Regulation No. 1/2008, mediation is required for all contentious legal disputes in first instance court. These three regulations are revisions and extensions of the existing principle of mediation enacted through Chapter 130 of HIR and Chapter 154 of RBg. Based on these rules, all legal disputes proposed to court of first instance for adjudication and settlement must pass through mediation processes without which court decision on the disputes is by law invalid. The disputing parties have 40 days to renegotiate their disputes and reach agreement. This time limit is renewable up to two weeks if the parties agree on additional times. This article argues that in order to succeed, mediation must be based on the principle of willingness from the parties to settle their disputes. It also needs communicative and persuasive power from mediators who are responsible to help reconcile the parties. Furthermore, mediation should be less costly and timely. Once the parties reach agreement regarding their disputes, court will issues a certificate of agreement which is legally binding