Dispute Resolution Process Research Articles

Authority of the National Land Agency in Resolving Land Disputes Overlapping Certificates of Ownership

The resolution of land disputes carried out by the National Land Agency is a new breakthrough in order to avoid the accumulation of cases in the judiciary, especially the State Administrative Court. This research aims to examine and analyze the process of resolving land disputes over overlapping property rights certificates carried out by the National Land Agency and to understand and analyze the form of authority of the National Land Agency in resolving land disputes over overlapping property rights certificates. The research method is normative juridical. The type of data used is secondary data. Data analysis techniques using deductive reasoning presented descriptively. From the research results, it can be stated that the land dispute resolution process in relation to certificate cancellation can be carried out through the State Administrative Court and outside the court. Settlement of disputes outside of court, in this case the cancellation authority is given to BPN which can be divided into two, namely through the authority of the ministry and outside the authority of the ministry. Meanwhile, BPN's form of authority in resolving land disputes can be in the form of attribution authority and delegation authority.

Cross-Border Trade Disputes: A Comparative Analysis of Indonesia and Australia

This comparative analysis delves into the intricate landscape of cross-border trade disputes, focusing on Indonesia and Australia. As two significant players in the global trade arena, understanding their dispute resolution mechanisms is crucial for fostering bilateral and multilateral trade relationships. The study examines the legal frameworks, institutional mechanisms, and cultural factors influencing trade dispute resolution in both countries. Indonesia's approach may reflect its unique socio-political context, while Australia's system could showcase its commitment to transparency and adherence to international trade norms. Key aspects explored include the role of governmental bodies, such as trade ministries and dispute settlement panels, as well as the utilization of alternative dispute resolution methods like arbitration and mediation. Moreover, the analysis delves into the effectiveness and efficiency of these mechanisms in resolving disputes promptly while maintaining fairness and equity for all parties involved. Comparisons are drawn between Indonesia and Australia in terms of legal precedents, enforcement mechanisms, and the level of stakeholder engagement in the dispute resolution process. Additionally, cultural nuances and historical contexts are considered to understand how these factors shape the negotiation and resolution of trade conflicts. By synthesizing these insights, the study aims to provide policymakers, trade practitioners, and academics with a comprehensive understanding of the strengths and weaknesses of each country's approach to cross-border trade dispute resolution. Ultimately, it seeks to contribute to the development of best practices and strategies for enhancing trade relations and promoting economic cooperation between Indonesia and Australia, as well as other nations globally.

Can Artificial Intelligence and Modern Technologies Address the Common Issues of Consumer Online Dispute Resolution in the EU?

The article examines the current status of Online Dispute Resolution (ODR) in the European Union, explicitly evaluating its advantages and disadvantages. In addition to examining the evolution of the ODR mechanisms, the author sheds light on the challenges encountered in their implementation, such as concerns about trust, transparency, and accessibility. Moreover, this analysis investigated the potential implications of artificial intelligence and contemporary technologies on the transformation of the EU’s consumer ODR framework. The ADR/ODR system of the EU has been subject to criticism for several weaknesses, including inconsistent implementation, insufficient supervision, and the lack of mandatory participation for traders. The lack of a specialised supervisory mechanism has also led to shortcomings in the oversight process. The Directive does not impose a requirement for traders to participate in ADR procedures; nevertheless, there exists significant heterogeneity in the regulations that govern these procedures. The lack of binding enforcement for final decisions arises from the requirement of Member States to agree upon and acknowledge the mechanisms for recognition and implementation. The EU ODR Platform operates as a mechanism for referring cases to ADR bodies. Nevertheless, the entity in question does not actively participate in the resolution of disputes based on their substantive merits, and its jurisdiction is primarily limited to smaller entities. Artificial intelligence (AI) has the potential to enhance transparency, objectivity, and legitimacy within online dispute resolution systems, thereby potentially giving rise to a two-tier system. The author suggests that in order to bring about significant legislative changes, it is necessary to incorporate certain provisions. These provisions should mandate the enforcement of decisions made in alternative dispute resolution (ADR) processes for consumers and also facilitate the seamless integration of artificial intelligence (AI) into this system. Otherwise, it is unlikely that AI will substantially impact the efficiency and effectiveness of the EU ADR/ODR system, as its primary challenges are rooted in areas beyond the scope of AI, such as the enforcement of decisions.

Exploring the Effectiveness of Mediation in Resolving Disputes in the Indonesian Administrative Court

This study analyzes mediation in administrative dispute resolution in Indonesian Administrative Courts. The settlement of administrative disputes through mediation is not recognized in the Administrative Court procedural law. Mediation in the dispute resolution process in Administrative Courts is still a matter of debate. One of the parties to the dispute is a public body or official who is included in the realm of public law, so that mediation is not possible. The execution of Administrative Court decisions that have permanent legal force does not guarantee justice and legal certainty. This research aims to analyze the development and implementation of mediation in settlement of public disputes in Administrative Courts. The research method used is doctrinal research or library research with secondary data sources in the form of legislation on Administrative Courts, Supreme Court regulations on mediation, and scientific journals of research results. The results showed that mediation in public dispute resolution is used as an alternative to dispute resolution and has long been applied in several countries. Mediation in administrative dispute resolution can be carried out in two ways. First, mediation can be carried out outside the Administrative Court, and then the lawsuit is revoked. Second, mediation can be carried out through Court-connected mediation in the Administrative Court. There is a need to develop and strengthen the application of Court-connected mediation for administrative dispute resolution from the aspects of procedural law and Administrative Court resources that support the mediation process.

The Effectiveness of the Government Regulation Concerning Franchises in Resolving Franchise Business Disputes in Indonesia

<p>Franchising is a business system that is growing with the current in Indonesia and the legal relationship between the franchiser and the franchisee is regulated in a contract that regulates the rights and obligations of the parties who have a relationship to comply with the contents of the agreement, which if violated can have consequences for the future law according to the agreement in the franchise agreement. Since the enactment of Government Regulation No. 42 of 2007, franchise business disputes still occur in Indonesia, such as abuse of franchisor authority, quality of technical and managerial support provided by franchisors to franchisees, and unfairness in profit sharing between franchisees and franchisees. This study aims to examine the effectiveness of Government Regulation No. 42 of 2007 as a legal basis for resolving franchise business dispute cases in Indonesia. The research method used is normative legal research with a literature study approach. The results showed that Government Regulation No. 42 of 2007 is a regulation that regulates the mechanism for resolving business disputes in Indonesia, including in the case of franchise business disputes. This research also identifies several challenges that may be faced in the application of Government Regulation No. 42 of 2007 in resolving franchise business dispute cases, such as the complexity of the dispute resolution process, limited access to dispute resolution institutions, and low awareness and understanding of business people regarding the dispute resolution mechanism regulated in the regulation. Steps are needed such as counseling and persuasive approaches to franchise business actors regarding the importance of resolving business disputes through the mechanisms regulated in the regulation, monitoring, and evaluation of the dispute resolution process carried out by the appointed institution.</p>

Current Issues of The Utilization of Online Dispute Resolution As A Method For International Trade Dispute Settlement

The transformation of international trade from conventional to digital impacts several things, including resolving international trade disputes. In order to realize an efficient and effective dispute resolution process, many countries have implemented ODR to settle international trade disputes. This study aims to analyze the implementation of ODR in various countries and examine issues with unclear guidelines based on international law. This research observes the development of ODR in Indonesia and the urgency for its implementation in Indonesia. The research is normative juridical, with a statutory and comparative approach. The results obtained in this study are model law arrangements relating to the standardization of ODR Providers aimed to protect the personal data of the parties, unification of ODR dispute resolution clauses, and formulation of national legal instruments to create legal certainty regarding ODR, including ODR proceedings, permits, and monitoring, as well as recognition and execution process of electronic ODR decisions.

Penyelesaian Sengketa Pertanahan Gedung Olahraga (GOR) Tanjungbalai di Pengadilan Negeri Tanjungbalai

Land holds great importance for all individuals, including personal individuals (natuurlijk persoon) with ownership rights and public entities (rechtpersoon). Both are recognized as legal subjects with land as the object of their legal rights. The significance of land lies in its use for agriculture, settlements, commercial buildings like shops and structures, and other developments. This research focuses on the land dispute resolution process at the Tanjungbalai Sports Hall (GOR) in the Tanjungbalai District Court. The aim is to explore the factors considered by the panel of judges in making decisions on land disputes in the court. An empirical legal research method is used with a case study at the Tanjungbalai District Court Office. This study primarily relies on legal materials such as regulations, supplemented by secondary sources like legal books, and tertiary sources like non-legal books. Non-litigation dispute resolution is necessary to achieve a beneficial resolution for both parties. This applies to all cases brought to the District Court. Mediation or non-litigation dispute resolution aims for the parties to reach mutually beneficial agreements with the assistance of a neutral third party. However, ultimately, the parties themselves make the final decision. The settlement process is carried out through two mechanisms, namely compensation payments. In this case, the applicant demands compensation of 17 million, while the defendant requests 6 million. Despite reports that a budget of 9.6 billion is available, the Tanjungbalai City Government suddenly withdrew and refused to pay the agreed compensation. In deciding this case, the Judge must consider and prioritize the principles of justice, legal certainty, and practicality to reach an ideal, win-win decision that does not burden either party and is well accepted.

Overcoming political polarization: Strategies for diminishing intransigence and reducing intergroup animus

Data from over 25,000 nationally representative respondents to an online survey conducted in 22 countries were analyzed to understand the predictors and potential mitigators of political polarization. The analysis yielded two key findings. First, perceiving that your country is very divided on key societal issues is not by itself enough to generate affective polarization, the state in which groups that differ ideologically feel hostile toward each other and are unwilling to collaborate in constructive problem-solving: a belief that the ideological divisions are not likely to be overcome is also required. This finding suggests that affective polarization may be mitigated by new types of interventions that try to change perceptions of the dispute itself rather than views of the combatants. Instead of attempting to decrease intergroup animus, such interventions would aim to increase confidence or engagement in dispute-resolution processes. Second, employers were the only institution examined that were able to garner the trust of people who saw their country’s ideological divisions as insurmountable. This ability puts employers in a unique position to address polarization durably and at scale, especially when it comes to interventions centered on fostering positive interactions.

Forum-shopping and shopping forums in Indian purse seine fisheries – an analysis of the upper ranges of a sociolegal law process

This paper enquires into the dispute resolution process of an important marine fishery in Tamil Nadu, India, in the current era. It makes use of insights drawn from Benda-Beckmann’s seminal paper (1981) that introduced the conceptual dyad “forum-shopping” and “shopping forums” to the sociolegal field of studies. While Benda-Beckmann focuses on dispute processing at the village level, this paper highlights the process whereby local disputes are introduced first to the Madras High Court and subsequently to the Supreme Court of India. An analysis of court materials, supplemented with ethnographic interviews, throws light on prevailing discourses that are argued to contain distinctive combinations of environmental, developmental, and distributive arguments. The paper argues that Benda-Beckmann’s contributions are multi-layered and continue to inspire contemporary scholars interested in legal pluralism. While Indian disputants’ shopping activity has changed to include higher state courts, the forums thus examined prove to actively engage in shopping for cases and for arguments.

Workplace bullying and employee silence: the role of affect-based trust and climate for conflict management

PurposeA workplace bullying dynamic involving multiple individuals targeting victims can lead to the victim losing emotional bonds or affect-based trust with their colleagues, resulting in employee silence. The literature has largely ignored this negative aspect of social dynamics. This study aims to examine the relationship between workplace bullying and employee silence behaviors and determine whether affect-based trust mediates this relationship and whether climate for conflict management moderates the mediated relationship.Design/methodology/approachHypotheses are tested using surveys and scenario-based experiments among faculty members in Indian Universities. There were 597 participants in the survey and 166 in the scenario-based experiment.FindingsResults revealed that workplace bullying correlated positively with silence behaviors, and affect-based trust mediated the bullying-silence relationship. The hypothesized moderated mediation condition was partially supported as moderated the mediating pathway, i.e. indirect effects of workplace bullying on defensive silence and ineffectual silence via affect-based trust were weaker for employees with high climate for conflict management. However, the study failed to support the moderation of climate for conflict management in the relationship between workplace bullying and affect-based trust and workplace bullying and relational silence. The results of this moderated effect of climate for conflict management were similar in both studies.Originality/valueThis study is one of the few attempts to examine employee silence in response to workplace bullying in academia. Additionally, the study revealed a critical area of trust depletion associated with bullying and the importance of employee perceptions of fairness toward their institutions’ dispute resolution processes.

Financial Viability of the No Surprises Act Independent Dispute Resolution Process: Radiology and Other Hospital-Based Specialties.

BACKGROUND. The federal No Surprises Act (NSA), designed to eliminate surprise medical billing for out-of-network (OON) care for circumstances beyond patients' control, established the independent dispute resolution (IDR) process to settle clinician-payer payment disputes for OON care. OBJECTIVE. The purpose of our study was to assess the fraction of OON claims for which radiologists and other hospital-based specialists can expect to at least break even when challenging payer-determined payments through the NSA IDR process, as a measure of the process's financial viability. METHODS. This retrospective study extracted claims from a national commercial database (Optum's deidentified Clinformatics Data Mart) for hospital-based specialties occurring on the same day as in-network emergency department (ED) visits or inpatient stays from January 2017 to December 2021. OON claims were identified. OON claims batching was simulated using IDR rules. Maximum potential recovered payments from the IDR process were estimated as the difference between the charges and the allowed amount. The percentages of claims for which the maximum potential payment and one-quarter of this amount (a more realistic payment recovery estimate) would exceed IDR fees were determined, using US$150 and US$450 fee thresholds to approximate the range of final 2024 IDR fees. These values represented the percentage of OON claims that would be financially viable candidates for IDR submission. RESULTS. Among 76,221,264 claims for hospital-based specialties associated with in-network ED visits or inpatient stays, 1,482,973 (1.9%) were OON. The maximum potential payment exceeded fee thresholds of US$150 and US$450 for 55.0% and 32.1%, respectively, of batched OON claims for radiologists and 76.8% and 61.3% of batched OON claims for all other hospital-based specialties combined. At payment of one-quarter of that amount, these values were 26.9% and 10.6%, respectively, for radiologists and 56.6% and 38.4% for all other hospital-based specialties combined. CONCLUSION. The IDR process would be financially unviable for a substantial fraction of OON claims for hospital-based specialists (more so for radiology than for other such specialties). CLINICAL IMPACT. Although the NSA enacted important patient protections, IDR fees limit clinicians' opportunities to dispute payer-determined payments and potentially undermine their bargaining power in contract negotiations. Therefore, IDR rulemaking may negatively impact patient access to in-network care.

THE CHALLENGES OF INVESTMENT ARBITRATION: SUCCESS OR FAILURE? A COMPARATIVE ANALYSIS OF INVESTMENT ARBITRATION IN NORTH MACEDONIA AND KOSOVO

Background: In today's modern business and technological landscape, businesses are increasingly inclined to seek alternative methods for resolving disputes rather than rely solely on traditional court procedures. Businesses are also increasingly aware of the significance of resolving conflicts through alternative means and taking proactive measures to avoid litigation. In recent decades, investment arbitration has gained widespread acceptance and has emerged as a preferred mechanism for resolving disputes involving international investors in Western Balkan countries. Some countries demonstrate a favourable inclination towards employing arbitration as a dispute resolution mechanism by enacting legislation that grants investors the right to initiate arbitration proceedings against the state in case of failure. This scientific research objective will be achieved through the reflection of the legislative framework in the matter of investment arbitration as well as the reflection of the flow of foreign investments, analysing and not limited to the treatment of concrete cases of arbitration disputes. Through this approach, we will answer the central question of how much arbitration as an alternative dispute resolution mechanism is a stimulating factor for attracting foreign direct investment or whether multinational companies only use the legislative and incentive favours offered by the Republic of Kosovo and North Macedonia. Methods: The article was conceived based on a modern methodological framework. Within the general methodological framework of scientific research, logical methods play a crucial role in the scientific processing of the research data, drawing conclusions and determining facts through which the truth of the thesis of the work is reached scientifically. In the context of this paper, the method of analysis through which the impact of arbitration as an alternative dispute resolution mechanism in relation to the flow of investments will be analysed is noteworthy. Additionally, methods of abstraction and concretisation will also be used. Abstraction is the basis of analysis, which sometimes represents the separation of parts from the whole subject. Moreover, the comparative method will highlight the diverse normative solutions in national legislation and international legal sources. Results and conclusions: In the article, the authors propose considering the effectiveness of existing provisions and determining whether adjustments or alternative approaches are needed to maximise the benefits of foreign investment while minimising potential risks and uncertainties associated with dispute resolution processes.

A LEGAL OVERVIEW OF MEDIATION PROCEDURES IN FORMER YUGOSLAVIAN COUNTRIES (R. CROATIA, R. SLOVENIA, AND R. SERBIA)

Mediation is a mechanism known for its efficiency, economy, and flexibility, characteristics that enable the constructive resolution of a dispute between parties. This method offers an extended range of contributions, especially regarding its influence on the state itself and on that state’s citizens. The successful practice of legal mediation seen in different states, starting from the USA, known for resolving 90% of its civil cases through this extrajudicial method. Afterward, the rest of the world began introducing this legal tool into their national legislations. Establishing mediation in countries’ legal systems are also been conditioned by the need to make a country’s laws and legal standards compatible and in harmony with those of the European Union. This, in addition to the goals desired to achieve with this action, namely reducing the number of unresolved cases in court, reducing procedural costs and duration, and increasing the quality of dispute resolution and parties’ involvement in the dispute resolution process, resulted in judicial involvement regarding contemporary reforms and in particular increasing citizens’ trust in the judiciary. This process started at the same time for a considerable number of Balkan states, whose main aim was integration and membership in the European Union. The paper will focus on a legal analysis of the mediation procedure through the method of content analysis for the laws of a selected number of states in the region (i.e., Republic of Croatia, Republic of Slovenia, Republic of Serbia), as well on finding the similarities and differences for several elements of this procedure in these states compared to those in the Republic of North Macedonia.

Criminal Law Aspects in the Quartz Sand Mining Activities in West Kalimantan Province

This research aims to analyze the criminal law implications in resolving disputes related to quartz sand mining in the West Kalimantan Province. The significant ecological impact of quartz sand mining activities creates conflicts concerning permits, land ownership, environmental damage, and the rights of local communities. Criminal law plays a crucial role in upholding justice and addressing potential violations. This paper discusses the role of criminal law in several essential aspects: First, the Role of Criminal Law in Mining Permits, where criminal law can be employed to enforce mining permits, creating obstacles for those intending to violate established permits. Second, Criminal Law Aspects related to Environmental Damage, where violations of environmental regulations can lead to criminal actions with the aim of preventing environmental harm. Third, Conflicts with Local Communities and Landowners, where criminal law protects the rights of local communities and landowners through sanctions imposed by the Law. Fourth, Illegal Mining, where criminal law is used to address illegal mining practices, uphold the principles of justice, and protect the interests of the state and the community. Additionally, dispute resolution also requires more collaborative alternative approaches, such as mediation or arbitration. The criminal law implications in this approach must be understood to ensure that the dispute resolution process continues to be fair and effective. The role of law enforcement agencies and the judicial system is crucial in ensuring that criminal actions are taken in accordance with the principles of justice.

A CRITICAL REVIEW OF LABOUR COMMISSIONERS' DILEMMAS WHEN DEALING WITH WORKPLACE DISPUTES IN SOUTH AFRICA

Purpose: The overarching purpose of the study is to review the existing literature on the immense challenges faced by South African labour commissioners when dealing with labour disputes. Upholding decent work is indispensable to dispel injustice and poor working conditions at the workplace. Theoretical reference: It is one of the key sustainable development goals the United Nations sets in which South Africa is a member state. Labour commissioners of the Commission for Conciliation, Mediation and Arbitration in South Africa play an integral role in accomplishing decent work through adjudicating labour disputes between employees and employers. Method: The study adopted a systematic review method. The study extensively reviewed the available literature, which include published research articles, conference papers, reports and policy documents over the period 2012–2022 from Scopus, Web of Science, Google Scholar and ScienceDirect databases. Results and Conclusion: The study found unparalleled challenges, which include illiteracy and poor level of education among the complainants, mounting reported labour caseload, increase in labour matter reviews, re-filing of cases dealt with due to unimplemented awards, poor access to training of the commissioners, among others. Implications of research: The study provides critical policy implications to address labour commissioners' challenges in South Africa. The management must also ensure that the complainants have access to adequate technology whenever they contemplate conducting their dispute resolution process via digital platforms. Originality/value: However, despite labour commissioners facing challenges linked to their work, which compromise their ability to discharge their duties effectively, studies have yet to be conducted to specifically examine the challenges faced by labour commissioners in South Africa.

Application of lean for early identification and avoidance of disputes in construction projects

Purpose The dispute resolution process in the construction industry is known for delays in settlement, with some cases even escalating to complex arbitration and litigation. To avoid conflicts turning into disputes, the parties need to be proactive in identifying and resolving conflicts in their nascent stages. It is here that innovative lean construction practices can potentially act as a game-changer to avoid disputes, and this study aims to attempt to understand this phenomenon empirically. Design/methodology/approach A questionnaire-based empirical study, followed by semi-structured interviews, is conducted to understand the relevance of key tenets of lean principles in dispute avoidance. Findings Although stakeholders agree on the usefulness and practicality of lean principles in dispute avoidance, the extent of agreement is lesser when it comes to its implementation practicality. Moreover, there is a demographic influence observed on lean tenets such as “open communication”, “stakeholder collaboration” and “constraint identification”. Practical implications The results point towards an approach that combines contractual mandate, training and awareness creation to iron out the differences in the usefulness and practicality of lean approaches to avoid disputes. Originality/value Lean implementation is widely discussed in many construction contexts, such as sustainability, productivity improvement and planning. However, a discussion on lean philosophy’s role in dispute avoidance is muted. Therefore, this study assumes significance.

Kaili Tribe Criminal Dispute Resolution Process from the Perspective of Customary Law in Central Sulawesi

This research discusses customary law in Indonesia which is pluralistic because it reflects the diversity of tribes and ethnic groups. Customary law is still relevant and applicable in the life and culture of Indonesian society. Customary law as positive law has a special characteristic, namely that there is little written statute, despite its value applying in society. This research is descriptive in nature using normative analysis, literature studies, and field surveys. The research results show that customary law has a position that is recognized in statutory regulations, including the 1945 Constitution, the Human Rights Law, and the Draft Criminal Code. The implementation of traditional law is elucidated through the Kaili customary justice process in the Central Sulawesi region, with the stages of decision-making and the types of sanctions that can be given.

Взаимосогласительные процедуры в рамках налогового мониторинга как вид альтернативного урегулирования спора

The article analyses the content of mutual agreement procedures provided for by Art. 105.31 Tax Code of the Russian Federation from the point of view of their possible legal qualification. The article studies the content of the concept of alternative dispute resolution and negotiation process, searches for their similarities and differences with mutual agreement procedures, concludes that the actual content of these procedures does not allow to characterise them as a form of alternative dispute resolution.

Free movement of mediators across the European Union: a new frontier yet to be accomplished?

Background: This article explores the challenges that stem from the existing national legislation in the field of mediators’ profession regulations on an EU level. It identifies some professional and training requirements in this area and analyses their impact on the freedom and quality of the mediation services offered from one Member State to the other. It further outlines the variety of regulatory models and accreditation practices that apply towards mediators having been certified in the Union or third countries and puts this in the context of spreading mandatory mediation models. The authors explore the different procedures that apply to training and accreditation to see the similarities and differences in the professional standards that apply and their impact on the mediation settlement agreements reached. Methods: Research commenced with a review of the existing scientific literature, a brief overview of the national regulation on the mediators’ profession, and a document analysis concerning the recognition and accreditation of mediators in the EU. This was followed by a comparative study of training requirements and court-related mediation procedures that exist in a number of jurisdictions like Bulgaria, Lithuania, and Italy to highlight some of the main differences. Results and Conclusions: The analyses of the existing national legislation in the field of mediators’ profession regulations on an EU level showed that it is hard or nearly impossible for mediators trained in one EU Member State to render mediation services in other Member States. The existing regulations, coupled with the diverse national training requirements, call for adopting uniform training standards with a synchronised and applicable curriculum across all states. The authors see this as one of the ways to increase the trust in the quality of the mediation service to be of a certain fixed standard and to support the numerous mandatory mediation schemes which in cross-border disputes raise the question of the suitability of the mediator assisting parties in such a dispute resolution process.

Penyelesaian Sengketa Wanprestasi Secara Alternatif Melewati Badan Arbitrase Nasional Indonesia (BANI)

Peaceful resolution of disputes is the main goal in the modern legal system. One form of peaceful resolution, namely arbitration, is recognized as an effective way to resolve disputes firmly and bindingly. Arbitration is part of Alternative Dispute Resolution (ADR), which includes various methods of resolution outside of court or litigation. In the context of resolving default disputes, the Indonesian National Arbitration Board (BANI) is an efficient option. This research aims to analyze the role and benefits of arbitration in handling default disputes, especially those related to BANI. The research method used is normative legal research by collecting and analyzing secondary data such as laws, regulations, arbitration decisions and related literature. The research results show that the default dispute resolution process through BANI involves several steps, including arbitration selection, trial process, and final decision. The advantages of resolving default disputes through BANI include speed, legal certainty through arbitration awards, and the diversity of arbitrators who can provide different points of view in resolving disputes. Based on research findings, the decision of the Denpasar District Court Class I A Number 3/Pdt.G/2017/PN.Dps is based on Article 3 of Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The judge stated that the District Court did not have the authority to decide disputes between two parties who were bound by an arbitration agreement. This shows that if a dispute occurs, the parties must resolve it through deliberation. If deliberations are unsuccessful, the resolution will be handed over to the Indonesian National Arbitration Board (BANI).