IDEALISASI SIFAT ALTERNATIF DALAM PENYELESAIAN SENGKETA MELALUI MEDIASI

Abstract

The purpose of the research is to make a law comparison related to disputes by mediation. This research is using normative method with empirical approach. Through this research the researcher offers an interesting development of dispute resolution through mediation where mediation is no longer used to settle disputes outside the court, but in it’s development mediation is also used to settle disputes in court, known as mediation in court. This phenomenon first developed in developed countries like United States before finally developed in Indonesia. Every people have their own various ways to obtain agreement in the case process or to resolve disputes and conflicts. One way to resolve disputes is through mediation. Mediation clearly involves third parties (both individuals and in the form of an independent institution) that are neutral and impartial, who will take a role as a mediator. The basic principles in mediating dispute resolution both in court and outside the court are still being carried out, such as the principles of confidentiality, neutrality, empowerment of the parties, and mediation results are sought to reach a win-win solution agreement.