Finding a Win-Win: Settling Disputes through Mediation

The Vice Chief Justice of the Supreme Court responsible for Judicial Affairs, Dr. Mohammad Saleh, SH MH formally launched Supreme Court Rule Number 1 of 2016 on Court-Annexed Mediation at the 7th Asia Pacific Mediation Forum (APMF) Conference in Nusa Tenggara Barat on 11 February 2016, eight days after it was approved by the Supreme Court leadership. Implementation of the regulation is expected to improve access to justice by simplifying and speeding up court processes and making going to court affordable. AIPJ and both the Family Court of Australia and the Federal Court of Australia has supported the Court’s Mediation Working Group since 2013 to conduct important research, adapt case tracking and performance management systems and develop new mediation training curriculum for judges. AIPJ will continue to support the Court in with implementation of the new regulation. Since the leadership of Chief Justice Bagir Manan (2001-2008), the Supreme Court has accepted that mediation is one way to strengthen compulsory settlement within Indonesian Civil Procedure. Supreme Court Regulation Number 2 of 2003 on Court-Annexed Mediation was first enacted by Supreme Court but was criticized by judges in the first instances court because it did not allow hearing judges to mediate. Supreme Court Regulation Number 1 of 2008 introduced more progressive rules, but produced little success in expanding the use of mediation. According to research carried out by independent mediation centre IICT in 2014, only 4% of cases entering the first instance court were successfully resolved through mediation. On 26 July 2013 Chief Justice Hatta Ali formed the Mediation Working Group to evaluate the effectiveness of the mediation regime and develop recommendations for reform. The 2016 regulation introduces monetary penalty to parties who do not participate in mediation with good faith, recognises partial agreements, recognises out of court settlement and is supported by the Case Tracking System