Mediation before the District Court
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Background
On September 11, 2003, the Supreme Court has issued the Supreme Court Regulation No. 02 Year 2003 Regarding Procedures of Mediation before the Courts ("Mediation Regulation"). Mediation as stipulated in the Mediation Regulation is also called as Court Connected Alternative Dispute Resolution since this kind of alternative dispute resolution attach to legal proceeding for the civil cases before the district courts. The Mediation Regulation was issued due to the reasons of: (i) to reduce the huge amount of backlog cases in the courts, which have already occurred for a long time; (ii) to provide several alternative dispute settlement which might be suitable for the disputing parties; and (iii) this kind of mediation is already regulated in Article 130 of THE Civil Procedure Law (HIR)/154 RBg as further regulated in Article 6 of Law No. 30 year 1999 Regarding Arbitration and Alternative Dispute Resolutions.
With respect to the attempt to reduce backlog cases, prior to the issuance of the Mediation Regulation, the Supreme Court has issued: (i) Supreme Court Regulation No. 1 year 2001 Regarding Appeal to the Supreme Court Applications of Private Cases which do not meet formal requirements; and (ii) Circular of the Supreme Court No. 1 Year 2002 Regarding Empowerment of Level I District Court on the Implementation of Settlement Institution ex Article 130 HIR/154 RBg. In addition, the Supreme Court has also intensively conducted crash program to reduce backlog cases. However, those regulations and program cannot significantly reduce the backlog cases in the courts...