EFEKTIVITAS MEDIASI SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA PERDATA DI PENGADILAN NEGERI MEDAN KELAS I - A KHUSUS

Abstract

Mediation is a dispute resolution method in which disputing parties engage a neutral third party to facilitate a peaceful settlement. This study examines the effectiveness of mediation as an alternative means of resolving civil disputes at the Medan District Court Class I-A Special. Using a  normative law research approach, including statutory and conceptual approaches, the study finds that the effectiveness of mediation at the Medan District Court remains low, with a success rate of only about 1.8% from 2020 to 2024. Contributing factors include limited public understanding of mediation, parties' attitudes in viewing the process as a mere formality. To improve mediation effectiveness, public awareness needs to be enhanced, more intensive mediator training is required, and court facilities need upgrading. Furthermore, regulations should be reviewed to impose sanctions on parties who do not engage in mediation in good faith, so that mediation can serve as a more efficient and effective alternative dispute resolution method and reduce the case burden in courts.