NON-LITIGATION MEDIATION IN CIVIL DISPUTES: A STUDY OF ITS EFFECTIVENESS AND LEGAL STANDING

Abstract

Non-litigation mediation has become one of the increasingly important alternative dispute resolution mechanisms within Indonesia’s civil law system. This mechanism serves as a solution to the weaknesses commonly found in litigation processes, which are often time-consuming, costly, and potentially capable of creating prolonged conflicts between disputing parties. This study aims to examine the effectiveness of non-litigation mediation in resolving civil disputes and to analyze the legal force of agreements produced through the mediation process. The research employs a normative legal research method using both statutory and conceptual approaches. Legal materials were collected through library research derived from legislation, legal textbooks, and national legal journals. The findings indicate that non-litigation mediation demonstrates a relatively high level of effectiveness because it offers a dispute resolution process that is efficient, simple, flexible, and strongly oriented toward deliberation and peaceful settlement. In addition, mediation helps preserve good relationships between the parties since the process emphasizes cooperation rather than a win-or-lose outcome. Nevertheless, several obstacles still affect the effectiveness of mediation, including low public legal awareness, lack of good faith among disputing parties, and the limited availability of professional mediators. From a legal perspective, mediation agreements are legally binding upon the parties based on Article 1338 of the Indonesian Civil Code. However, to obtain stronger executorial power and legal certainty, mediation agreements should be formalized through a deed of settlement or registered before the court. Therefore, non-litigation mediation can function as an effective civil dispute resolution mechanism when supported by adequate legal regulations and a strong legal culture within society.