Hello OCD Community & Hive Lovers...

This time, let me to share you about my experience as a Judge and also as a Mediator in Court, I also accompany this post with evidence of my success as a Mediator while handling cases in Court with several photos of disputing parties who have succeeded in reconciling. The academic narrative about mediation here is my thoughts from various experiences of my success in mediating.

Prologue.

Generally, many people argue that disputes or conflicts can only be resolved through court decisions (litigation), and often ignore ways of resolving disputes through non-litigation. Of course, this opinion is not quite right. Indonesia is a country of law and has good rules in terms of resolving disputes or conflicts, because in addition to resolving through litigation in court, Indonesia also accommodates good culture, customs, and habits as a rule of law in resolving disputes, one of the rules that live in Indonesian society is deliberation or mediation.

Mediation is a process of resolving disputes between two or more parties through negotiation or consensus and assisted by neutral parties who have no interest other than resolving the dispute. The neutral party is also called the Mediator, whose job is to assist people in disputes (disputants) by guiding them to reach an agreement and not taking sides with one of them.

The Courts in Indonesia also providing dispute resolution assistance actively by providing a place for mediation and providing trained judges to become Mediators so that the disputing parties do not have to pay for mediator services from outside the court (of course, the mediator here is not the person who investigates the case too).

The story of my success mediation.

With no exception to me, as a Judge, I have been educated to judge cases and also have been educated to become a Mediator especially. My job as a Mediator is to lead the disputing people to reach an agreement that they choose by themselves. I am very grateful because, during my duties as Mediator Judge, I have created many successful mediations.

Some of the photos in my post are most of the cases I managed to mediate, including marital disputes, in the end, husband and wife fail to divorce. They are reunited and feel peace again in their marriage. Besides, there are also Community Property disputes after divorce, banking disputes between banks and customers, child custody disputes, and child custody costs between father and mother after the divorce.

The success of the mediation, of course, was an explosion of joy for me as a Mediator and also for the Judges who examined that case, because the case was no longer being examined with a Judge's decision because the decision must have made someone feel defeated and won and not always satisfied with justice, maybe. It is different if the decision is taken jointly by the disputants because they have agreed together.

Advantages of mediation

The story of my success in mediating has become a success story for me and hopefully, it can inspire all Judges in every Court, for sure, the door to getting peace is always open in every dispute. This is also proof that dispute resolution does not always have to be litigation. Here, I would like to explain some of the advantages of resolving cases through mediation.

First, Mediation makes solving problems faster and cheaper

Usually, every dispute in the Court must attend the hearing repeatedly and not be resolved once. Attending each trial will incur travel costs and a long time. Sometimes the distance from the house to the court makes it difficult for someone to come, thus making the legal problem not resolved. However, with effective mediation, they sometimes only need to come once or twice to the mediation venue and finally reach an agreement.

Second, Mediation makes a person not feel defeated and won.

In the end, each litigation trial will produce a decision from the Judge based on the Judge's assessment of the facts of the trial. The process of competing against strong reasons and evidence submitted in court proceedings. This makes people who do not have strong reasons and insufficient evidence will be the losers, as well as the strong will be the winners. However, through mediation, the disputing parties get greater access to find a solution satisfyingly and fulfill a sense of justice, they do not need to feel defeated and won, because mediation is a win-win solution for them.

Third, Mediation reduces the accumulation of cases in court (court congestion).

Extraordinarily, the Court where I am working currently has receives nearly 2000 to 2500 cases each year. If all cases are resolved by litigation, it will take a long trial process and create a pile of cases from this year to the next. It would be different if the cases were resolved through mediation because the process was short and had a definite time.

Fourth, Mediation increases community involvement in the process of resolving legal issues (decentralization).

Deliberation, consensus, mediation, and peace are laws that exist in society. There are religious leaders, traditional leaders, legal practitioners, and policymakers who can be present at the Court offering assistance to resolve disputes that occur. Their presence provides space to be involved in court as a Non-Judge Mediator.

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Of course, those who are present here must have a Mediator Certificate, and by the orders of the Judge, they can carry out their duties in the Court. Mediation has opened wide opportunities for participation, for anyone, not just the Court which is capable of resolving disputes. With that, we have shown respect for the laws and norms that have lived in society for a long time and have not neglected their central role so far.

Finally, mediation makes justice smooth (access to justice)

Mediation has made the level of possibility to implement the agreement so that the relationship between the disputing parties in their future is still good. This is true justice because even though they disputed at the beginning, through mediation they got a good decision and they got the benefit together. This will not cause resentment and dissatisfaction so that their relationship will remain as good as before the dispute. This is Restorative Justice.

So, as a conclusion at the end of my writing. Mediation is the best, fastest, and highly accurate way of resolving disputes, so wherever and whenever problems occur around you, try to become a mediator, try to get involved, and please give ideas to solve their problems.

In fact, God has entrusted the gift of ability and obligation to us to help people and solve other people's problems, let's find that gift by not turning a blind eye to the problems that occur around us, of course in a good and legal way. Thank you.

Thanks for visiting my blog, if you have some corrections in my post, please let me know your opinion and feel free to comment below. This my #originalcontent (thanks for @ocd @ocdb and @curangel @tenkminnows @steemiteducation for always support the original content), Blessing

Do you have a different opinion, please write your opinion below?

Source

My Regards
@khaimi.

Note : All photo original taken by me using my Smartphone Xiaomi Note 8 Pro. [PW] is my code for #photography and complete it with my #writing. Hope you enjoy it, Blessing!!

You Can chek out about my story of mediation here :

1. Brace..dua perkara berhasil dimediasi dengan cara yang berbeda;
2. Mediasi perlawanan lelang berhasil mediasi
3. Instagram