What is Mediation?
Disputes. Arguments. Disagreements. You wish you could run your business without them. But no matter how hard you try, problems seem to always come up.
But what if you could turn this annoyance into an advantage? Instead of time-consuming and expensive litigation that leaves everybody unhappy, what if you could handle disagreements in a way that strengthens rather than weakens relationships?
Around the world, businesses frustrated with the costs and unpredictability of the legal system are turning to mediation. Unlike the public, frustrating court process, mediation is a private, flexible procedure in which a trained professional assists the parties in reaching a settlement that works for both sides. A true “win-win” solution.
Compared to litigation, mediation is more flexible, cost-effective, private and efficient than the public litigation process. Though all matters are not appropriate for mediation, most are, and its no wonder then that worldwide, over 80% of all disputes referred to mediation are successfully resolved.
Its not surprising, then, that mediation is one of the fastest growing dispute resolution methods, as businesses discover that its flexibility and effectiveness mean faster, more effective and less painful resolution of disputes.
Pre Mediation Process
- The parties which have a legal dispute, slate their case to PMN
- Together the parties appoint a mediator who appropriate properly for the case’s characteristic
- The chosen mediator arranges meeting with all the parties to discuss about the part of mediator, procedures and expense
Mediation – Negotiation Process
- Mediator arranges separate meeting with the parties in gathering initial informations
- Mediator arranges meeting with all the parties together to define the problem, importance and necessity of all the parties which have a legal dispute
- Mediator help parties to expanding the alternative resolution for the problem, importance and necessity that have been defined.
- The parties negotiating the alternative resolution with the guidance from mediator to reach an agreement
End Mediation Process
- If agreement reached, the parties will sign a resolution document which will be processed to be a bonded agreement
- If no agreement reached, the parties could end the mediation by submitting resignation from the mediation process
- Supreme Court Regulation Number 1 Year 2016 on Court-Annexed Mediation Procedure
- PMN Mediation Procedure, 29 Dec 04
- Supreme Court Regulation Number 2 Year 2003 on Court Annexed Mediation Procedure (obsolete)
- PMN Mediator Code of Ethics, August ’04
There are two types of mediation:
Out of Court Mediation
PMN is proactively marketing mediation services to the private sector, the professions and particularly legal practitioners with an aim to encourage disputants to seek mediation as an effective Alternative Dispute Resolution (ADR) . With limited marketing resources, PMN mediators have already begun to mediate cases such as on commercial and family disputes.
To fully benefit the court-annexed mediation program throughout Indonesia, PMN aims to further assist the Supreme Court in providing mediation training for judges (there are 2,800 judges nationally) prioritizing in large cities such as Jakarta, Surabaya and Bandung. The implementation of this activity is fully dependent on donor support.
The current project funded by Indonesia Australia Legal Development Facility (IALDF – AusAID) for Judge mediation training in Bandung and Surabaya and Post Monitoring Program for South Jakarta, Bandung and Surabaya District Court. Post Monitoring comprises of (1)Co-mediation judge mediators with PMN trainers; (2) Refresh Course for judge mediators. There is additional program for South Jakarta District Court, a group of 20 PMN Listed Mediators serve pro-bono mediation service for court-annexed mediation cases. The activities started on December 2005 up to May 2006 for the first phase.
PMN is accredited by the Supreme Court of the Republic of Indonesia through the Decree of the Chief Justice of the Supreme Court (SK Ketua Mahkamah Agung) No. KMA/044/SK/VII/2004 dated July 6th, 2004.
Compared to litigation, mediation through PMN is a remarkably inexpensive process. Each mediator sets his or her own fees, which will vary depending on the experience and reputation of the mediator. Payment of these fees is the responsibility of both parties, though alternative agreements are possible.
The mediation meetings can take place in one of the party’s place. Other people preferred to have a more ‘neutral’ site, like PMN comfortable meeting rooms, hotel’s or cafe’s ones . We assist parties to a mediation in finding suitable meeting places.
Why Should I Mediate?
Mediation is cheaper, faster and more effective than litigation. Disputes are handled in an confidential manner by a professional trained in dispute resolution. Through mediation, disputes are resolved more quickly, without adverse publicity and damage to sensitive business relationships.
Do I have a Choice of Mediator?
PMN maintains a list of trained, certified mediators with diverse backgrounds and experiences. The parties are free to choose the mediator for themselves.
How Does PMN Mediation Work?
Following mediator selection, the mediator will meet seperately with each side to assess their needs and concerns. Following those initial meetings, the mediator will coordinate a series of negotiation sessions wherein he will guide the parties to an amicable solution
Do I Have to Agree With the Mediator?
No. Mediation is a completely voluntary process. Although the mediator may make suggestions and otherwise guide the discussions, the final decision always remains with the parties.
What Will the Mediator Do?
Mediators are trained to identify the needs of the parties and to suggest solutions which satisfy both sides. Additionally, the mediator helps to keep the discussions organized and positive, avoiding the heated arguments that can destroy relationships and disrupt negotiations.
What Happens Once We Settle?
Once you reach an agreement, the mediator will assist you in drawing up a memorandum of understanding that sets out the agreement. In addition, the law now provides a procedure by which
such “amicable settlements” can be registered with the court.
How Do I Learn More?
PMN offers periodic mediation training and orientation programs.