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).