By Registrar Tim Luxton, edited by Cecep Mustafa Pustrajak.
It is tempting to measure the success of mediation by its most tangible result: a signed agreement. Yet, if we are honest, the core of a successful mediation is not found on a piece of paper, but in the internal and rational journey that participants undertake in the negotiation room. A truly effective mediation often gives birth to a new consciousness—about one’s position, risks, and the reality of the matter—an awareness that the cold formality of the courtroom could never provide.
Many parties come to the mediation table as warriors poised for combat, not as seekers of a solution. They carry grudges, ego, and the unwavering belief that a judge will side with them. They forget to ask themselves: Is my argument legally tenable? Is my evidence strong enough to uphold my conviction? And even in victory, will I truly find peace? Mediation, in its most noble sense, is a mirror that forces us to face the law without the mask of emotion, to see that justice is not only about who is right, but about how to find truth without destroying one another.
From the deep well of mediators’ experience, several wisdoms have surfaced. First, mediation must never be treated as a mere formality, simply because it is mandated by a judge or required by law. Living mediation is born only from sincere intention. Second, a culture of mediation cannot be built in seminars or from legal textbooks; it grows from direct experience, from one room to the next, one case to another, until the conviction blossoms that the path of peace is sometimes more courageous than winning in court. Third, judges play a central role. When a judge articulates the purpose of mediation with sincerity and clarity, the parties will view the process with respect, not suspicion. Fourth, initial preparation and communication set the entire tone. Simple dialogue and transparent information before the appointed day can cultivate trust. Fifth, never underestimate the power of space and atmosphere. A comfortable, private, and humane environment can open hearts faster than inflexible legal arguments.
The crucial lesson is that good mediation is not one that finishes quickly, but one that encourages the parties to think again—about their motives, their impact, and their future. Therein lies the real value of justice: when a person who came with anger leaves with understanding. Mediation, if understood and conducted with integrity, is how the judicial system can uphold a justice with a soul—not a justice that lives only within statutes.
The experience of many countries has proven it: mediation is not an alternative route, but an integral part of the modern face of justice. In Indonesia, strengthening mediation is, in fact, the manifestation of our national legal aspiration: a judicial process that is simple, fast, and low-cost, yet holds profound substantive value. If the Supreme Court can foster a healthy ecosystem for mediation, build the capacity of its judicial mediators, and create an environment that supports peaceful conversation, then mediation can become the very threshold of a more humane judicial reform. Because the task of the courts is not just to deliver a verdict, but to guide society in finding a justice that is not only valid on paper, but is also settled in the heart.
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