Mediation Agreement in A Contested Divorce Case in Cibinong District Court

This research aims to analyze the consideration of amicable agreements in the mediation process in cases of contested divorce at the Cibinong District Court and identify the factors that influence the success and failure of mediation. As an alternative dispute resolution method, mediation has a strategic role in creating more humane and sustainable solutions. The results showed that amicable agreements in mediation are based on the principles of justice and benefit, which provide solutions more quickly, flexibly, and reduce emotional conflict compared to the litigation process. Mediation is an effective alternative for resolving disputes in divorce cases, especially regarding sensitive issues such as child custody and division of joint property. The success of mediation is influenced by several key factors, including the willingness of both parties to compromise, the competence of the mediator, and a conducive mediation atmosphere. The professionalism of the mediator is crucial to the success of this process, as they act as a neutral facilitator who helps the parties find a common solution. On the other hand, mediation failure is often caused by high emotional conflict, distrust, lack of commitment to resolve the dispute, and the absence of one of the parties. This study concludes that mediation can be an effective instrument in resolving divorce cases when supported by good communication, the commitment of the parties, and the support of a professional mediator. These findings make an important contribution to understanding the importance of strengthening the mediation process to improve the efficiency of the justice system and reduce the negative impact of divorce.

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Publication Details

Journal
Law Development Journal
Published
2024-12-23
DOI
https://doi.org/10.30659/ldj.6.4.514-524
Primary Topic
Marriage and Family Dynamics
Type
article
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article

Mediation Agreement in A Contested Divorce Case in Cibinong District Court

Surahmad Surahmad, Cindy Permata
Law Development Journal
Marriage and Family Dynamics
article

Mediation Agreement in A Contested Divorce Case in Cibinong District Court

Surahmad Surahmad, Cindy Permata
article en

Abstract

This research aims to analyze the consideration of amicable agreements in the mediation process in cases of contested divorce at the Cibinong District Court and identify the factors that influence the success and failure of mediation. As an alternative dispute resolution method, mediation has a strategic role in creating more humane and sustainable solutions. The results showed that amicable agreements in mediation are based on the principles of justice and benefit, which provide solutions more quickly, flexibly, and reduce emotional conflict compared to the litigation process. Mediation is an effective alternative for resolving disputes in divorce cases, especially regarding sensitive issues such as child custody and division of joint property. The success of mediation is influenced by several key factors, including the willingness of both parties to compromise, the competence of the mediator, and a conducive mediation atmosphere. The professionalism of the mediator is crucial to the success of this process, as they act as a neutral facilitator who helps the parties find a common solution. On the other hand, mediation failure is often caused by high emotional conflict, distrust, lack of commitment to resolve the dispute, and the absence of one of the parties. This study concludes that mediation can be an effective instrument in resolving divorce cases when supported by good communication, the commitment of the parties, and the support of a professional mediator. These findings make an important contribution to understanding the importance of strengthening the mediation process to improve the efficiency of the justice system and reduce the negative impact of divorce.

Law Development JournalVol. 6(4)
Universitas Pembangunan Nasional Veteran Jakarta (ID)
Openalex Percentile: Top 61%
Marriage and Family Dynamics
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Mediation Agreement in A Contested Divorce Case in Cibinong District Court — Surahmad Surahmad, Cindy Permata · Law Development Journal (2024) | TGRS Research Map | TGRS