Effective Communication in Mediation Dispute Resolution
Indonesia Journal of Social Technology, Vol. 5, No. 9, September 2024 4167
directly (face-to-face) or through the media (leaflets, newspapers). Magazine, radio
or television)
2. Communication is interaction, this view equates communication with a process of
cause-effect or action-reaction, which alternates in direction. An example of the
definition of communication in this concept is as expressed by Shanon Weaver (in
Wiryanto, 2004), communication is a form of human interaction that affects each
other, intentionally or unintentionally, and is not limited to verbal forms of
communication, but also in terms of facial expressions, paintings, art, and technology.
3. Communication as a transaction, that is, communication is a dynamic process that
continuously changes the parties who communicate. Based on this view, the people
who communicate are considered communicators who actively transmit and interpret
messages. At any time they exchange verbal and or nonverbal messages (Ekawarna,
2018).
When humans interact with each other, conflicts likely arise due to the
confrontation of different interests (Azmi, 2016). Each individual will fight for his
interests to be recognized by other individuals. This is what can ultimately lead to disputes
if the conflict is not resolved. Unresolved disputes have the potential to make the situation
worse. The problem will widen, which will ultimately harm all parties involved. (Sunarso,
2023).
The people of Indonesia are famous for their cooperation deliberations. So that if a
conflict arises, it will generally be discussed first between the parties involved.
Deliberations can be successful, but not a few fail. The failure to resolve through
deliberation may be due to each party being overwhelmed by emotions so that
communication is hampered. (Latip et al., 2023). In such a situation, for the
communication between the parties in conflict to be established smoothly, a neutral third
party is needed. This third party is referred to as a mediator. The mediator will help the
parties to deliberate. With the help of this mediator, it is hoped that an agreement can be
reached that can end the conflict. (Rado et al., 2016).
For conflicts that cannot be resolved even though they have been assisted by a
mediator, the subsequent settlement can be through two ways, namely through the court
(litigation) or out of court (non-litigation) (Komarudin, 2014). Settlement through the
court must go through a lawsuit, and then follow the process according to the civil
procedure law. Based on Perma No. 1 of 2016, mediation is integrated into the legal
process of civil procedure. So that before the judge examines the case, the parties are
welcome to mediate first. If mediation is successful, the agreement obtained can be
strengthened into a peace deed. (Niagara & Hidayat, 2020).
However, if the settlement takes a non-litigation route, then there are several
alternative dispute resolutions. (Muryati & Heryanti, 2011). Article 1 of Law No. 30 of
1999 concerning Arbitration and Alternative Dispute Resolution states that Alternative
Dispute Resolution is a dispute resolution institution or difference of opinion through a
procedure agreed upon by the parties, namely settlement outside the court using
consultation, negotiation, mediation, conciliation or expert assessment. (Albar, 2019).