Pengaruh Mediasi dalam Penyelesaian Sengketa Waris (Studi Putusan No.2570/Pdt.G/2017/PA.MDN)

Abstract

Mediation in the process of proceedings at the Court is an important stage, so the Judge can delay the proceedings. At the first session, the Judge was obliged to encourage the parties to carry out the mediation process and provide explanations to the parties regarding the procedures and costs of mediation. This is important so that the parties can know the mechanisms, procedures and costs of mediation that must be issued in the mediation process. The parties are free to choose a Mediator provided by the Court or Mediator outside the Court. The problem in the research is how the mediation process in the settlement of inheritance disputes, how to influence mediation in resolving inheritance disputes in Decision No.2570 / Pdt.G / 2017 / PA. Mdn and What obstacles are faced in the mediation process for resolving the dispute over inheritance. The research method used is library research, namely by conducting research on various reading sources, namely books, legal magazines, opinions of scholars, law regulations and also lecture materials. Field research, namely by doing space in this case the author immediately conducted a study at the Medan Special Class I A Class Court by taking a related decision namely Decision No. 2570 / Pdt.G /2017/PA.Mdn for analysis. The mediation process is divided into three stages, namely the premediation stage, the stage of mediation implementation, and the final stage of the implementation of the mediation results. The mediation stage begins with important steps: preliminary remarks by the mediator, presentation and presentation of the parties' stories, sorting and clarifying issues, discussing and negotiating agreed issues, creating options, finding points of agreement and formulating decisions, recording and retelling decisions and closing mediation. Effect of the mediation process in resolving inheritance disputes in Decision No.2570 / Pdt.G / 2017 / PA. Mdn can be said to be successful, because the parties to the dispute can reconcile according to the peace deeds made and agreed by each party in litigation. Constraints faced in the mediation process in resolving disputes over the distribution of shared assets after divorce, namely the absence of a mechanism that can force one party or parties to attend mediation meetings, lack of goodwill of the parties to reconcile, Lack of support from Judges, lack of professionalism in seeking peace through mediation