13 February 2020 (closed)
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Recently the Chief of Justice of the Supreme Court in Indonesia issued decree number No. 108/KMA/SK/VI/2016 regarding the Organization of Mediation Procedures in Court (Decree). The Decree is an implementing regulation of the Supreme Court Regulation number 1 of 2016. The Decree aims to increase the success rate of the mediation process in court procedures. In this column we broadly describe the main points of the Decree.
Mediation in Court Procedures
As previously regulated, mediation is mandatory in certain civil court cases. For facilitating this process, the chief of justice must providing facilities such as rooms for the parties at dispute. A supervisory judge supervises the mediation process.
Mediators in the Court Procedure
The following persons can become a mediator in a court procedure:
- A judge
- A court official
- A certified mediator
The chief of justice will appoint a mediator for a specific court case by selecting a mediator from the list of mediators available.
A certified mediator will require a certification from either (i) the Research, Development, Education, and Legal Training Institute at the Supreme Court, or, (ii) by an Accredited Institution for the Certification of Mediators. The accreditation will remain valid for a period of 5 years and is extendable.
Code of Conduct for Mediators
The Decree regulates the code of conduct for mediators in court. Basically the code of conduct sets out the following required actions for mediators:
- the mediator must inform the disputing parties about the first meeting schedule, the mediation process, and the roles of the mediator;
- the mediator must maintain the confidentiality;
- the mediator must avoid any conflicts of interest;
- the mediator must develop its skills and competences through education and training.
The supervision of mediators is undertaken by the relevant chief justice of court. Any violation of the code of conduct by the mediators may lead to sanctions, such as warning letters and removal from the list of mediators.
The Decree has been in force since June 17, 2016
This column is provided by PNB Law Firm Jakarta