Muslim,1 Prof. Dr. H.Gatot Hendro W., SH., M.Hum, 2 Dr. H. Kaharudin, SH., M.H2
Abstract: Mediation is a way of dispute resolution through negotiation process to get agreement of the parties assisted by mediator.
Mediation as one of the forms of dispute settlement has the main scope of private/civil area. Inheritance Law is one of the cases that must go through the mediation process first before the examination in court in accordance with Article 4 of the Supreme Court Regulation Number 1 Year 2016. Its implementation in the Selong Religious Court in the settlement of heir’s case is the Chairman of the Panel of Judges determine the day of the hearing, the parties on mediation, selecting the mediator, making mediator decisions and adjourning the hearing to carry out the mediation process. The implementation faced with technical and non-technical factors. Successful mediation reaching agreement has the effect of permanent legal force, closed appeal law, cassation and executive power.
The law’s consequences of unlawfully following the mediation of the lawsuit are considered unacceptable, subject to payment of mediation fees and if both parties are declared unlawful then the lawsuit cannot be accepted without the imposition of mediation fees.
Keywords: mediation, mediation procedure in court, inheritance case
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