Why is mediation recommended as the effective choice for conflicts resolution?

16 June 2019

Mediation is an approach that is based on values that include voluntary, impartiality, guaranteeing the participation of all interested parties, and upholding the spirit of cooperation, or working together to find common grounds of interest of the parties. This approach allows the disputing parties to be facilitated to formulate solutions to problems that will be set forth in mutually beneficial agreements.

Mediation is carried out to achieve a win-win solution, where efforts are made to find common grounds of interest and needs of the parties so that they can be facilitated towards an acceptable agreement to be carried out by the parties. This approach is different from confrontational ones, such as litigation, which aims to get a win-lose position, or zero-sum position, where the victory or profit of one party will mean defeat for the other party. In this case, time and energy is spent searching for weaknesses and mistakes of others.

Historically, mediation has actually taken root in the lives of Indonesian people with the tradition of deliberation to reach consensus. The government even recommends mediation as a peaceful and appropriate way of resolving disputes and opens broader access to parties to obtain a satisfactory and equitable solution as stipulated in the Supreme Court Regulation No. 1 of 2016.