ALTERNATIVE DISPUTE RESOLUTION OF CIVIL CASES AT COURT

  • Sukma Asmara

Abstrak

Every legal issue has two alternative dispute resolution methods: litigation and non-litigation. People tend to prefer litigation over non-litigation methods, even though resolving disputes through mediation with certified mediators outside the court is more efficient, cost-effective, and equitable. To understand the role of mediators as neutral parties who assist negotiating parties in identifying specific options for conflict resolution without bias or coercion to reach an agreement. The study employs a non-doctrinal legal research method, focusing on research about law. The data used include primary data, which is directly obtained from research subjects through interviews, and secondary data from literature and legislation, analyzed qualitatively. Alternative Dispute Resolution (ADR) is a civil dispute resolution technique that provides parties with flexibility and self-control to return to a mutually beneficial resolution while ending hostilities. The success of mediation, concluded with a peaceful resolution, represents a high-quality, fair, and dignified outcome. Peaceful resolution is the best, most mutually beneficial, and fair option. Mediators, in resolving conflicts, must first build trust among the parties, particularly in terms of fairness and impartiality. They should facilitate and always provide open access to information for all parties to ensure the success of achieving peace.
Diterbitkan
2025-04-08