The Settlement Principles of Divorce through Mediation

Abstract

This paper concerns the principles of mediation in the resolution of disputes in the Religious Courts. Settlement of divorce in a religious court is a part of the procedural procedure in a religious court because divorce case is part of civil law. The settlement follows civil procedural law in general in addition to other provisions stipulated in the procedural law of religious justice. Mediation in a divorce case will assist the parties in resolving and finding a middle ground for the interests of both sides so as not to harm one party and ended up with a win-win solution (mutually beneficial). For this reason, it is necessary to pay attention to the principles in achieving peace efforts, namely; the principle of deliberation, the principle of mutual forgiveness, the principle of respecting others, and the principle of justice.