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In resolving disputes, Indonesian people tend to choose the court route. Whereas there are other ways that can be taken, namely mediation. This prompted Tinuk Dwi Cahyani, S.H., S.HI., M.Hum., a law lecturer at the University of Muhammadiyah Malang (UMM) to write a special book on alternative disputes, namely mediation. The book is entitled Alternative Dispute Resolution Methods.
Tinuk, as he is familiarly called, assessed that the public still lacked knowledge of the mediation process. In fact, this is an alternative that can be tried apart from arbitration for civil cases such as joint property. In his book, he not only writes various theories but also provides examples of processes and dialogues that are commonly used.
“So readers can know and feel a little about the mediation process. Among them are related to how the mediator opens to closes, and what must be conveyed by one party and the other party. So I think readers can easily understand the contents of this book,” added the woman born in Madiun.
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Asked about the reason for writing the book, Tinuk said that in developed countries like the United States, citizens already understand alternative disputes other than going to court. He wants this book to be able to provide scientific contributions and insights to the wider community. The legal product of this mediation is a peace deed which can later be registered with the court. Then it is used as a determination or decision.
"Another reason is so that people don't go to court a little bit. Moreover, if it goes through the court, the process will be very long and the decision will be given by the judge. This is different from mediation, in which there is negotiation, so the parties can find a good middle ground for both of them,” he said.
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While writing the book published by UMM Press in March 2022, Tinuk admitted that he did not experience many obstacles. One thing that makes it difficult is the lack of literature that examines mediation. In contrast to arbitration which is now available quite a lot.
Luckily, Tinuk was able to attend training on mediators who were certified by the Supreme Court (MA) some time ago. It provides a lot of material and contributes to his book so that he is not short on material. Moreover, now Tinuk is a mediator so there will be many cases and experiences that he can share in his book.
“I hope that this new book can add to the literature and public knowledge regarding mediation. That way they can understand more clearly. Moreover, it has been equipped with several examples and dialogues so that readers can feel the process,” concluded Tinuk. (*/wil)
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