Delegation visit to inform alternative dispute resolution for civil and family cases
Justice Dr Takdir Rahmadi, Vice Coordinator of the Indonesian Judicial Reform Team, has led a delegation of Indonesian judges and experts to share ideas with the Federal and Family Courts of Australia and invited experts, before finalising an integrated plan to expand the use of alternative dispute resolution (or ADR) for civil and family cases.
“The visit gave us a useful example of how Government coordinates with the Courts and the communities they serve in providing ADR. The Court provides these services by working together with community organisations and the bar associations. All components work together,” said Justice Takdir.
The Honourable Diana Bryant, Chief Justice of the Family Court of Australia welcomed the visit as an opportunity for both countries to learn from each other and to continue the partnership. She said, “Litigation can be expensive and is often out of reach for the poor. ADR on the other hand can provide a cheaper, speedier resolution. Social research shows the benefits of using ADR in fostering healthy parenting arrangements between separated parents compared to an adversarial trial”.
Federal Court of Australia Registrar and CEO, Mr Warwick Soden said, “ADR plays a vital role in Australian Courts today, particularly in the case management process, frequently leading to settlements and avoiding the need for a trial. This helps avoid excessive case-loads and reduces costs for all involved. Since mediation was first introduced in this Court, concrete benefits include: greatly reduced cost to parties, judges freed up to handle more trials, and parties ending up more satisfied than if they went to trial.”
“The Indonesian Supreme Court has decided to find ways to make its own procedures more efficient and accessible to the public, for the same reasons the Federal Court originally introduced ADR: efficient and accessible services lead to greater public trust and confidence in Courts and enhance the rule of law, contributing to social and economic wellbeing,” he added.
Justice Nur from the Religious Court of Padang Panjang felt that settling disputes peacefully using mediation helped families and was in line with Islamic teachings. “What I have seen in Australia is that when divorce is not avoidable, the court’s view is not legalistic but focused on how to encourage a good, amicable divorce, something Indonesian Courts need to consider,” Justice Nur said.
“In the end people in Australia feel encouraged to use ADR because they can access it through formal and informal structures. Indonesia is going on that path as well,” added Prahesti Padanwangi from Indonesia’s national planning authority, Bappenas.
AIPJ is grateful for the support of the Federal Court (through Registrar Justice Bernard Murphy, CEO Warwick Soden and Registrar Sia Lagos) and the Family Court of Australia (through Justice Robert Benjamin and Executive Adviser Leisha Lister) who continue to provide valuable input and energy across a range of AIPJ activities. AIPJ appreciates the long-standing support of Professor Tim Lindsey of the University of Melbourne and the Indonesian Supreme Court Judicial Reform Team, who have worked together so effectively to support this relationship.
We especially acknowledge the efforts of Wiwiek Awiati and Nisa Istiani and the great teams of the Indonesian and Australian Courts for the significant efforts they have made to ensure this visit was so informative to all parties involved.
