The Repositioning Mediation Court Model in Civil Dispute Resolution with Justice

Abstract

One of the reasons of the failure of court mediation is caused by mediators who have not succeeded in resolving civil disputes through mediation. Even the existence of Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has not been able to increase the success rate of dispute settlement through court mediation. Data from previous research results in Batusangkar District Court show a success rate of mediation of 8, 05%. Based on the analysis, one of the causes of failure is based on the character of the mediator. The purpose of this study is to find the repositioning of court mediation models in the justice civil disputes resolution. Theories used include Robert B. Seidmen Theory, Theory of Christopher W. Moore and the Concept of Effectiveness of Law Enforcement according to Soerjono Soekanto. This research is socio-legal research, using qualitative analysis and philosophical and sociological approach. Data used both secondary data and primary data. Secondary data from research result at Batusangkar District Court. Primary data obtained from Denpasar District Court, Semarang District Court and Supreme Court. The result of this research is that the repositioning of court mediation model in solving civil disputes that is justice is the process of settling disputes outside the trial process becoming part of compulsory administrative requirements. Mediation carried out at the time of fulfillment of these administrative requirements may be made by the Judge Mediator and the Non-Judge Mediator. The repositioning of the mediation model is important to do because the character of the decision maker, in this case the judge with the character of the parties and cultural factors also influence the degree of success of mediation in court.