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Journal articles on the topic 'Divorce mediation'
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1
Sulistiono, Joko, Akhmad Haries, and Maisyarah Rahmi. "The Role Of Non Judge Mediators Providing Guarantee Of Women's Rights Protection In Divorce Cases." Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan 16, no. 4 (June 8, 2022): 1349. http://dx.doi.org/10.35931/aq.v16i4.1059.
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<p><em>The mediation process encountered obstacles. The role of non-judge mediators to protect women's rights in divorce cases was needed in the mediation process. This study aims to determine the role of non-judge mediators in providing guarantees for the protection of women's rights in divorce cases at the Samarinda Religious Court and to find out the obstacles to guaranteeing the protection of women's rights that occur in the mediation process in divorce cases at the Religious Courts. This type of research is normative empirical using descriptive qualitative research methods with data collection techniques in the form of observation, interviews, documentation, supported by legislation and legal norms in society. Research Qualitative data analysis techniques, in the process of analysis with data reduction (selection process). The results obtained from this study are that the role of non-judge mediators at the Samarinda Religious Court has provided protection for post-divorce women's rights in cases of talak and divorced divorces with the same rights. Obstacles in the mediation process to protect women's rights after divorce, namely the purpose of the Religious Courts is only to formalize Divorce in state law, the absence of good faith from one party can be caused by not wanting to divorce or not wanting to meet again with other parties, the inability of the parties economically to fulfill women's rights after divorce.</em></p>
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Emery, Robert E., and Melissa M. Wyer. "Divorce mediation." American Psychologist 42, no. 5 (May 1987): 472–80. http://dx.doi.org/10.1037/0003-066x.42.5.472.
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Andisa, Andi Batari. "The Use of Modalities in Indonesian Divorce Mediation Discourse." ELS Journal on Interdisciplinary Studies in Humanities 1, no. 2 (June 26, 2018): 126–33. http://dx.doi.org/10.34050/els-jish.v1i2.4305.
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Language is more than just a tool of communication. Beyond, it is a window to see how people organize their understanding and expression of conflict, including in a divorce. Divorce mediation then can be an alternative for dispute resolution process. The speakers’ (spouses and mediator) judgment and attitude towards the topic discussed in divorce mediation are implied in language they use in making statement, response or feedback related to the problems. It deals with one of linguistic features known as Modality. This research therefore, aims to identify the modalities used by Indonesian speakers in divorce mediations and to explain their attitude toward the problems discussed in divorce mediations and toward interlocutors. The research was conducted using Halliday’s theory of Modality. The result of this research shows kinds of modalities used by Indonesian speakers in divorce mediations discourse; specifically in the type, orientation, and the value of modality. The mediator mostly used probabilities and the wife mostly used inclinations. Besides, the mediator and husband mostly used low value modalities. Furthermore, in Indonesian divorce mediation discourse, the mediator, husband, and wife mostly used subjective-implicit. The topic discussed in Indonesian divorce mediation is about reuniting the husband and wife who planned to have a divorce.
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Idrus, Muhammad. "Menakar Fungsi Izin Dan Mediasi Pada Sengketa Perceraian Di Kalangan Pegawai Negeri Sipil Kota Mataram Dari Tahun 2010-2020." Indonesian Journal of Shariah and Justice 1, no. 1 (November 18, 2021): 29–54. http://dx.doi.org/10.46339/ijsj.v1i1.2.
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Divorce is one of the events in a marriage that is religiously possible. For Muslims the case of divorce is halal but hated by "Allah SWT". For Civil Servants (PNS) Divorce can be done by the mechanism that has been regulated in the Law. One of them is the permit obtained and the stage of mediation that must be done, but in practice there are still many technical obstacles related to the implementation of divorce permits for civil servants, this is certainly a concern for many parties. This research then examines the function of permits and mediation in divorce disputes among civil servants, although the purpose of the required divorce permit is actually in order to complicate (prevent) the occurrence of divorce in the scope of civil servants, this study examines divorce permits and mediation stages for civil servants who are divorced in Mataram city from 2010-2020. By using qualitative methods combined with normative studies.
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Nurkhaerah, Sitti, and Suhri Hanafi. "Divorce Mediation in Islamic Religious Court in the Era of Covid-19 Pandemic." Global Journal of Politics and Law Research 11, no. 4 (April 15, 2023): 20–30. http://dx.doi.org/10.37745/gjplr.2013/vol11n42030.
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Divorce is considered a very difficult process in a family. Societies and religious courts work hand in hand to prevent divorce. However, in some cases, divorce can not be avoided due to various social, psychological, and economic problems. As such, to prevent divorce, religious courts provide mediation programs to persuade couples to divorce. During the Covid-19 pandemic, the divorce rate increased, and mediation has been intensively practiced by the religious courts to reduce the divorce rate. However, limited studies have been conducted to understand how mediation is practiced at religious courts during the Covid-19 pandemic. This study uses a qualitative approach to examine the implementation of divorce mediation in a religious court within a regency in Indonesia. Data was gathered through in-depth interviews and direct field observation. Written materials were also analyzed to understand the case. The results of this study show that the implementation of mediation in divorce during the Covid-19 pandemic in the Regency Religious Court was implemented in two stages, namely the stage before mediation and the implementation of mediation. In carrying out mediation, the caucus and virtual methods have been chosen as two methods of divorce mediating in the era of the Covid-19 pandemic. The two methods have transformed in response to the pandemic and new technological advancements. The transformation is considered relevant to Islamic law and principles. This means religious courts and Muslim societies are responsive to new technological development.
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Iskandar, Syah. "PELAKSANAAN MEDIASI KONFLIK PERCERAIAN DI MAHKAMAH SYAR’IYAH ACEH DILIHAT DARI PELUANG DAN TANTANGAN." SYARIAH: Journal of Islamic Law 4, no. 2 (May 17, 2022): 21. http://dx.doi.org/10.22373/sy.v4i2.607.
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The increasing number of divorces in Aceh Province is a concern for all of us for family resilience. There are many factors that can trigger a divorce, but all of the settlement processes must be submitted to the Mahkamah Syar’iyah as the official institution that oversees it. In an effort to resolve divorce cases, there are several processes that must be carried out, one of which is mediation. From several searches by researchers, the mediation efforts that have been carried out are still relatively ineffective. Therefore this study aims to further examine the implementation of divorce conflict mediation at the Mahkamah Syar’iyah Aceh and to see what are the opportunities and challenges of carrying out this mediation. This research is a library research with qualitative descriptive techniques. Data collection techniques are carried out through content analysis techniques. The results of the research will be presented in the form of a descriptive narrative in an easy-to-understand form. The results of this study indicate that there are still many challenges in conducting divorce mediation at the Mahkamah Syar’iyah Aceh. Besides that, there are also opportunities that can be optimized for the success of divorce mediation at the Mahkamah Syar’iyah Aceh.
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Bailey, Martha J. "Mediation of Divorce in China." Canadian journal of law and society 8, no. 1 (1993): 45–72. http://dx.doi.org/10.1017/s0829320100002775.
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AbstractWestern mediators have accepted at face value claims as to the general acceptability and voluntariness of Chinese mediation. Their failure to attend to the cultural context in which Chinese mediation practices are embedded has led to a partial and uncritical impression. Those who cite current mediation practices in China either as positive examples or as models to follow should note mediation's implication in the social control exercised by an authoritarian government and the maintenance of feudal, or patriarchal, norms.
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Andrup, Henrik, and Jean Graham Hall. "MEDIATION AND DIVORCE." Family Court Review 33, no. 2 (March 15, 2005): 194–97. http://dx.doi.org/10.1111/j.174-1617.1995.tb00361.x.
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Miftah, Ahmad Harisul, and Nurul Fauzi. "Efektivitas Pelaksanaan Mediasi Di Masa Pandemi Dalam Menekan Jumlah Angka Perceraian: Studi Kasus Pengadilan Agama Serang." Indonesian Journal of Shariah and Justice 1, no. 1 (November 18, 2021): 145–75. http://dx.doi.org/10.46339/ijsj.v1i1.6.
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The rise of divorce rates is getting higher and continues to grow especially in pandemic times like this, one of which is due to economic factors. However, the divorce case must be in accordance with the mandate of Perma No.1 of 2016 which states the importance of mediation. The formulation of the problems in this study is: How is the implementation of mediation in the pandemic period in the settlement of divorce cases in the Serang Religious Court?, How is the role of mediator judges in reconciling and reducing the number of divorce rates during the pandemic in the Serang Religious Court?, and What are the obstacles faced by mediator judges in reconciling divorce cases during pandemics in the Serang Religious Court?. The conclusion of this study is that the procedure for the implementation of mediation in the Serang Religious Court is in accordance with Perma No.1 of 2016 on Mediation Procedures in Court and also implements health protocols in accordance with Presidential Instruction No. 6 of 2020 on Improving Discipline and Law Enforcement of Health Protocols in the Prevention and Control of Corona Virus Disease 2019, and mediator judges play an important role in reconciling and suppressing the number of divorces. This can be seen in the mediation report. The obstacles faced by mediator judges consist of several factors. Starting from the factors of divorce cases, litigated parties and factors from the mediator itself.
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Nasution, Dahliana, and Tengku Walisyah. "Manajemen Pengadilan Agama dalam Memediasi Perceraian di Kota Medan." Jurnal Indonesia : Manajemen Informatika dan Komunikasi 5, no. 2 (May 10, 2024): 1809–18. http://dx.doi.org/10.35870/jimik.v5i2.759.
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The high divorce rate in Medan City identifies special factors that contribute to the dynamics of divorce in this region involving economic, cultural and social aspects. This research aims to find out the management of the Religious Courts in carrying out divorce mediation in Medan City, find out the mechanism of divorce mediation in the Medan Religious Courts and find out the obstacles in carrying out divorce mediation. The method used in this research is a qualitative descriptive method, an approach through observation, interviews and documentation studies. This research uses observation techniques on mediators in mediating divorce at the Religious Court on Jalan Sisingamaraja, Medan Amplas District. Interviews were conducted by researchers with the chief judge and reporting section staff, and data documentation studies were obtained from several references and literature related to the research. From the research results, it is known that the management of the Religious Courts in divorce mediation in Medan City is carried out professionally and neutrally, the work system is mutually sustainable in carrying out mediation and has a functional relationship so that the mediator used is effective. The Religious Court mechanism for conducting divorce mediation has several stages, where the first stage is called pramediası, the second stage is called mediation, and the third stage is called caucus. The Medan City Religious Court has implemented a method to make mediation more effective, namely the method used is called a caucus, often also called a separate meeting between the mediator and one of the interested parties so that it can be open and the mediator can understand the existing problems and find solutions and mediation can be successful quickly. The obstacle found in the Religious Courts in carrying out divorce mediation in Medan City is inadequate facilities which cause discomfort for both parties. Economic factors can also be an obstacle to lack of funds, another obstacle is the lack of optimality of judges in acting as mediators.
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Hanafiah, Mahmudi. "Konsep Mediasi Dalam Penyelesaian Syiqāq (Studi Komparatif Fiqh al-Syāfi’iyyah dan Hukum Positif)." Jurnal Al-Mizan 8, no. 2 (December 30, 2021): 233–49. http://dx.doi.org/10.54621/jiam.v8i2.156.
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Marriage is expected to be a way to get a peaceful life. However, this expectation is not always fulfilled. Shiqāq often occurs in the household. Islam orders mediation in the event of shiqāq. In positive law in Indonesia, mediation is also one of the obligations in litigation in the Court. The research is entitled Mediation Concept in Shiqāq Settlement (Comparative Study of Fiqh al-Syāfi'iyyah and Positive Law). The problem studied is how the concept of mediation in the settlement of syiqāq according to fiqh al-syāfi'iyyah and positive law and how the mediation comparison between the two is. This research is library research with qualitative method and normative approach which is descriptive-analytic-comparative. The author concludes that mediation of shiqāq cases is an obligation according to fiqh al-syāfi'iyyah. Mediation is carried out by presenting representatives from the parties called ẖakam to convey the will of each party. The appointment of representatives of the parties is an obligation. The judge divorces husband and wife if according to a report from the representative the two cannot be reunited. Positive Law also makes mediation an obligation, by involving disputing husband and wife in mediating, without presenting other parties. Fiqh al-Syafi'iyyah and Positive Law both require mediation. Fiqh al-Syafi'iyyah conducts mediation by not directly involving the parties, but with their respective representatives, while positive law involves the parties directly in mediation. Mediation according to fiqh al-Syafi'iyyah cannot return a husband and wife who have been divorced outside the court. Meanwhile, positive law assumes that divorce outside the court does not occur so that husband and wife are declared to have never divorced at all if the mediation event succeeds in reconciling them.
Key Words: mediation, judge, syiqāq, ẖakam.
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Aaron, Salau Olaniyi. "Divorce Mediation in Nigeria: The Ogun State Multi-door Court in Perspective." AGOGO: Journal of Humanities 9 (September 2, 2020): 56–66. http://dx.doi.org/10.46881/ajh.v9i0.248.
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(Statutory) marriage is a sacred contract that is meant to endure the vicissitudes of life. Unfortunately, marital conflicts sometimes escalate between couples to the point of judicial separation or divorce due to irreconcilable differences with emotional, physical and financial stress upon couples, their children and even the society. Consequently, this article draws on the author's empirical research, discussions with a family law lecturer, review of divorce mediation literature, and analysis of Nigerian statutes, case-law and rules of court to consider the opportunities and challenges for mandatory divorce mediation in Nigeria. The paper also contextualizes the effectiveness of mediating ancillary claims like child custody and visitation, maintenance, property settlement, etc., within the emerging Multi-Door Court (MDC) system to avoid damage and stress associated with divorce ligation. The paper therefore contributes to ongoing debate on the merits of divorce mediation as alternative to litigation based on the MDC system of justice. Ultimately, the paper concludes that mandatory divorce mediation in Ogun State would considerably reduce the caseload of judges, protect the dignity and post-divorce relationships of divorcing couples, and protect children from emotional harm arising from the break-ups of 'eggshell' marriages.
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Fauzi, Rahmat, and Faisal. "EFEKTIFITAS MEDIASI DALAM MENYELESAIKAN SENGKETA PERCERAIAN (STUDY DI PENGADILAN AGAMA BUKITTINGGI DAN PENGADILAN AGAMA PAYAKUMBUH TAHUN 2015-2017)." Soumatera Law Review 1, no. 2 (October 31, 2018): 314–34. http://dx.doi.org/10.22216/soumlaw.v1i2.3722.
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This research was conducted to reveal the Effectiveness of Mediation in Resolving Divorce Disputes in the Religious Courts. The purpose of this study is to describe the application and success rate of mediation in divorce cases in accordance with PERMA No.1 of 2016 concerning Mediation Procedures. As well as explaining the factors that are obstacles and driving the application of mediation as an effort to reduce the rate of divorce against divorce cases in the Religious Courts. So that the problems faced in the divorce dispute can be resolved through mediation by referring to PERMA No. 1 of 2016. This research will be conducted in the Bukittinggi Religious Court and Payakumbuh Religious Court, Case of 2015-2017. The approach used in this research is a sociological juridical approach which is a research based on a legal provision and a phenomenon or event that occurs in the field. The method used in analyzing data is using qualitative analysis methods. The conclusion of this study is the application of mediation in divorce cases in the Religion Court of the Bukittinggi Religion Court and the Payakumbuh Religious Court have not been effective because they are not in accordance with the intention of the issuance of the Supreme Court Regulation on Mediation Procedures in court. The success rate of mediation in the Bukittinggi Religious Court and Payakumbuh Religious Courts in 2015, 2016 and 2017 is very low, as evidenced by the number of cases that succeeded in mediating ± 5%. Supporting factors for the success of mediation: the ability of mediators, sociological and psychological, moral and spiritual factors and the good will of the parties. While the inhibiting factors for the success of mediation are as follows: the strong desire of the parties to divorce, prolonged conflict and economic factors.
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Su, Yujia. "An Empirical Analysis of the Influence of Divorce Cooling-off Period on Divorce Rate in Chinese Context." Lecture Notes in Education Psychology and Public Media 3, no. 1 (March 1, 2023): 583–90. http://dx.doi.org/10.54254/2753-7048/3/2022605.
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In 2020, the number of divorcees in China was as high as 3.733 million. The high divorce rate has become an unavoidable problem in today's society. Therefore, China officially implemented a cooling-off period policy for divorce in 2021, aiming to reduce the occurrence of impulsive divorces and lower the divorce rate by Increase the consideration time of the parties. Since its implementation, the policy has sparked heated discussions about its ethical and practical effects in China. This study focuses on the practical effects of divorce cooling-off period, and uses Ordinary Least Square (OLS) mixed multiple linear regression and other empirical tools to test the impact of divorce cooling-off period on divorce rate. The results show that the implementation of divorce cooling-off period has a significant effect on the decrease of divorce rate, however, the decrease regression coefficient is not large. It can be shown that in the context of China, the divorce cooling-off period plays a certain role and can be further implemented, but at the same time, more attention should be paid to its improvement. Subjective initiative should be exerted and external mediation mechanism should be added in the cooling-off period in order to achieve better results.
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Attamimi, Zeehan Fuad, Luthfi Kalbu Adi, and Tesa Nurul Hidayah. "Counseling and Training on Mediation in Family Disputes as an Alternative to Dispute Resolution for Members of The Muhammadiyah Branch Leadership (PCM) Ulujami, Pemalang District." Proceedings Series on Social Sciences & Humanities 14 (November 16, 2023): 31–38. http://dx.doi.org/10.30595/pssh.v14i.913.
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Community service activities carried out by a team from the Faculty of Law, Muhammadiyah Purwokerto University which was held on February 3, 2023, located in Ulujami District, Pemalang Regency. The implementation of counseling activities and mediation training is one way to prevent divorce. Based on statistical data that Pemalang Regency is the district with the second highest divorce rate in Central Java. Both divorces are caused by divorce that is done by the husband or divorce that is done by the wife. There are factors that cause divorce filed at the Pemalang Religious Court. The purpose of this service, to reduce the divorce rate in Pemalang Regency, especially for members of the Muhammadiyah Branch Leadership (PCM) Ulujami with the need for counseling and mediation training as an effort to prevent the breakdown of marriage due to divorce if one of the two husbands and wives sues for divorce, and between husband and wife can get along again to become a complete family. Thus conducting counseling and mediation training as an alternative to family dispute resolution is very necessary for districts / cities with high divorce rates. Some of the supporting factors for this service activity include the very high enthusiasm of the members to gain knowledge and training with the presence of 35 members from each family representative under PCM Ulujami Pemalang Regency. Some of the obstacles faced during the service were limitations in supporting facilities including limited space and limited time.
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Marzuki, Marzuki, Abidin Abidin, and Hilal Malarangan. "Effectiveness of The Implementation of Supreme Court Regulation Number 1 Year 2016 on Divorce Settlement." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 3, no. 1 (June 20, 2021): 28–40. http://dx.doi.org/10.24239/ijcils.vol3.iss1.26.
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The focus of this research is the effectiveness of implementing Supreme Court Regulation No. 1 of 2016 concerning the Mediation Process in the Court in the settlement of divorce cases at the Donggala’s Religious Court Class IB. The aim is to determine the implementation and effectiveness as well as the supporting and inhibiting factors for the implementation of the Supreme Court Regulation Number 1 of 2016 in the settlement of divorce cases. This research is a qualitative with a case study. The data were collected through observations, interviews, and documentation to the parties in the relevant research locations. The results of this study indicate that the Donggala Religious Court Class IB has implemented the practice of implementing mediation in accordance with the provisions of the Supreme Court Regulation Number 1 of 2016. However, the results of its implementation show that its effectiveness is still very small; this is evidenced by the high number of divorces each year. From the data on the number of divorces, it shows that divorce tends to increase which is dominated by divorce due to continuous disputes.
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ŞEN, Bülent. "THE DIVORCE PROCESS AND FAMILY (DIVORCE) MEDIATION." INTERNATIONAL REFEREED ACADEMIC JOURNAL OF SPORTS, no. 32 (2019): 0. http://dx.doi.org/10.17363/sstb.2019.32.4.
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ŞEN, Bülent. "THE DIVORCE PROCESS AND FAMILY (DIVORCE) MEDIATION." International Journal Of Psychiatry and psychological Researches 013, no. 14 (2019): 0. http://dx.doi.org/10.17360/uhppd.2019.1.2.
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Mutholib, Mutholib, Liky Faizal, and H. Muhammad Zaki. "Analisis Hukum Islam Terhadap Pelaksanaan Mediasi Perkara Perceraian di Pengadilan Agama Gedong Tataan dan Pengadilan Agama Pringsewu Lampung." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 4, no. 1 (June 30, 2022): 83–92. http://dx.doi.org/10.37680/almanhaj.v4i1.1544.
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Mediation in Islam is known as Islâh and hakam. When a dispute or dispute occurs, the disputing parties make peace efforts by appointing a judge. In the case of divorce, the function and efforts to reconcile are the obligations of the judge as a mediator which must be carried out based on Supreme Court Regulation no. 01 of 2016 concerning Mediation Procedures in Courts. Therefore, peace efforts are sought through mediation in the Religious Courts so that couples who want to divorce cancel their intentions and reconcile. However, the reality is that the success rate of mediation in divorce cases is still relatively low. This is evidenced by the number of cases that end in the trial process, compared to the success of the Mediation process. The purpose of this study was to analyze the implementation of divorce case mediation based on Perma No. 1 of 2016. As well as analyzing Islamic law on the implementation of mediation in divorce cases at the Gedong Tataan Religious Court and the Pringsewu Religious Court. The method used in this research is descriptive qualitative with theological, juridical normative and sociological approaches, with the object of research being the Gedong Tataan Religious Court and the Pringsewu Religious Court in Lampung. The primary data in this study were obtained from interviews with the Mediator Judge. The secondary data used is the report on the success and failure of the mediation implementation recorded in the final report and the Case Investigation Information System (SIPP). The results obtained from the research that the implementation of mediation at the Gedong Tataan and Pringsewu Religious Courts, based on PERMA No. 1 of 2016, but the implementation of mediation cannot be said to be optimal or not effective, because the success of mediating divorce cases is still relatively low. Mediation or Islah in resolving domestic conflicts actually contains benefits, namely maintaining the objectives of Islamic law (maqasid al-syariah), namely maintaining religion, soul, mind, lineage, and property. Maqashid sharia in mediation is hifd al-nasl (keeping offspring)
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Fuhr, Jeffrey. "STANDARDIZATION OF DIVORCE MEDIATION." Family Court Review 25, no. 2 (March 15, 2005): 65–67. http://dx.doi.org/10.1111/j.174-1617.1987.tb00175.x.
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Donohue, William A., Nancy Burrell, and Mike Allen. "MODELS OF DIVORCE MEDIATION." Family Court Review 27, no. 1 (March 15, 2005): 37–46. http://dx.doi.org/10.1111/j.174-1617.1989.tb00196.x.
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Zaidel, Susan. "DIVORCE MEDIATION IN ISRAEL." Family Court Review 28, no. 1 (March 15, 2005): 81–85. http://dx.doi.org/10.1111/j.174-1617.1990.tb01235.x.
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Cohen, Stanley N. "Divorce Mediation: An Introduction." Journal of Psychotherapy & The Family 1, no. 3 (September 13, 1985): 69–84. http://dx.doi.org/10.1300/j287v01n03_07.
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Fitriani, Hellen Last, Febby Amelia Olearosa, and Nurhadi Nurhadi. "Implementasi Mediasi terhadap Perkara Perceraian di Pengadilan Agama Bangkinang pada Masa Pandemi Covid-19 Berdasarkan Peraturan Mahkamah Agung Nomor 1 Tahun 2016." ALSYS 2, no. 4 (July 30, 2022): 555–66. http://dx.doi.org/10.58578/alsys.v2i4.513.
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The writing of this article was motivated by the Implementation of Mediation on Divorce Cases at the Bangkinang Religious Court during the Covid-19 Pandemic based on Supreme Court Regulation Number 1 of 2016, that the divorce rate increased from before the pandemic period. Of course, the Bangkinang Religious Court in this case is the executor in carrying out the PERMA which is assisted by mediators in reconciling the litigants, especially divorce cases which continue to increase from 2020 to 2021 during the current pandemic and many mediation implementations have failed. This study discusses how to implement mediation in divorce cases at the Bangkinang Religious Court during the COVID-19 pandemic based on Supreme Court Regulation Number 1 of 2016 and the inhibiting factors for the implementation of mediation for divorce cases at the Bangkinang Religious Court during the covid-19 pandemic. This study uses a sociological legal research method (socio legal research), which is one type of research that goes directly to the field to adjust theory and reality in the field through observation and interviews. The sources used include primary legal materials, secondary legal materials and tertiary legal materials. Then the sampling technique with purposive sampling technique. The results of this study are that the implementation of mediation at the Bangkinang Religious Court is not optimal to reduce the divorce rate because there are still many mediations that fail and there are still obstacles faced by the Bangkinang Religious Court, namely the strong desire of the parties to divorce, because in general the failure of mediation is because the parties already have a strong desire to divorce, the defendant and the respondent do not have good intentions and there are still mediator judges who do not have a certificate as a mediator, of course, compared to a mediator who already has a certificate of ability, it must still be under his knowledge because to get a mediator certificate a lot of knowledge is gained.
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Khairunisa, Tika, Dahlia Haliyah, and Moh Fadhil. "PROBLEMATIKA MEDIASI PERKARA PERCERAIAN BERDASARKAN PENGALAMAN HAKIM MEDIATOR PADA PENGADILAN AGAMA SINGKAWANG." Al-Usroh 2, no. 2 (November 8, 2022): 347–59. http://dx.doi.org/10.24260/al-usroh.v2i2.682.
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The implementation of the study has some purpose of knowing: 1) How mediator’srole in the divorce mediation at Singkawang Religious Court. 2) How the successrate of the divorce mediation at Singkawang Religious Court. 3) What are theobstacle factors for mediator judges in the divorce mediation at SingkawangReligious Court. This study used empirical normative legal research (applied lawresearch). In addition uses a descriptive qualitative approach. This study uses twodata sources, there are primary data sources obtained from research subjects, as wellas secondary data sources consisting of primary and secondary legal materials. Thisstudy uses structured interview techniques and documentation. Data analysistechniques uses are reduction, presentation then verification the data. Then, usedtechnique of rechecking all of the data and information (member check) obtainedfrom the data collected. Through the findings obtained from the results of theanalysis of data that have been studied in this study, it can be concluded that: 1)Mediator judges in carrying out his role to reconcile the parties in divorce mediationat Singkawang Religious Court following Supreme Court Regulation Number 1 of2016 on Mediation Procedures. However, the final mediation is entirely based onthe parties’ will. 2) The success rate of mediation at Singkawang Religious Courtis low. 3) Factors that inhibit mediators in mediation at Singkawang Religious Courtare difficulty of reconciling the parties who have complicated problems in thehousehold, the absence of either litigant, the absence of goodwill of the parties orone party, the parties strong desire to divorce and position of the judge as a mediatorcauses a limited quantity of mediators.
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Maryam, Rini, and Sulistyowati Irianto. "Exploring Efficacy." Lentera Hukum 10, no. 3 (February 7, 2024): 331. http://dx.doi.org/10.19184/ejlh.v10i3.43726.
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The rising global divorce rate is reshaping the landscape of family dispute resolution, moving away from the adversarial or litigation system toward an alternative dispute resolution known as mediation. This global trend is also observed in Indonesia where the Supreme Court has mandated the use of mediation in civil cases. "Everybody wins, nobody loses" as the primary slogan of mediation emphasizes a win-win outcome for all parties involved, avoiding any losers. However, assessing its efficacy in handling divorce cases in Indonesia becomes crucial. This is mainly because the settlement rate has been discovered to be low in Indonesia since the mandatory implementation of court-annexed mediation for almost two decades compared to other countries such as Australia and the United States. In both countries, settlement is not only based on agreements but also on the process that satisfies the parties. Therefore, this study aims to examine the conceptual issues underlying the low effectiveness of divorce mediation by questioning agreements as a measure of divorce mediation effectiveness. This study uses the sociolegal framework to critique the Supreme Court Regulation 1/2016 regarding Mediation in court and its dynamics in divorce cases. Moreover, courtroom study is applied to observe the mediation process. The results showed that the success of mediation revolves around the number of agreements reached by the parties and the process did not focus on the characteristics of divorce cases, thereby considered not suitable for all cases. Furthermore, the court-annexed mediation regulation creates ambiguity between the use of marital mediation to reconcile the parties and divorce mediation to proceed post-divorce agreement or both.
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Saragih, Rayani. "Implementasi Mediasi terhadap Perkara Perceraian di Pengadilan Agama Kabupaten Simalungun." Jurnal SOMASI (Sosial Humaniora Komunikasi) 1, no. 1 (July 20, 2020): 104–15. http://dx.doi.org/10.53695/js.v1i1.35.
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Mediation as a mechanism for decision making/peace agreement becomes the main authority of the parties to the dispute and maintains good relations. Mediation is fair because each party negotiates a solution to the problem with a win-win solution. Through Supreme Court Regulation (PerMA) No. 01 of 2008 concerning Mediation, mediation has been integrated in the court system. Mediation according to Article 1 paragraph 7 Perma No. 01 of 2008 is a way to resolve disputes through a negotiation process to obtain the agreement of the parties with the assistance of a mediator. Any decision of a judge who is not mediated first, then the decision is considered null and void by law. Divorce is the termination of the relationship between husband and wife both divorce and divorce. Before the judge decides the divorce case, mediation between parties is first carried out. The success of mediation is very minimal in divorce cases, this can be seen from the still many divorce cases in the court. This is an urgency in this study, where the application of mediation in divorce cases, especially in the District of Simalungun District. This research is a normative juridical research with literature study data collection techniques by examining literature-literature and analyzing regulations that are relevant to this research. The results of this study are expected to determine the implementation of mediation divorce cases in the Simalungun District Religious Court.
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Reskia, Reskia. "Effectiveness of Online Mediation Response to Divorce Law in Religious Courts in The Era of Pandemic Covid-19." Al-Iftah: Journal of Islamic studies and society 3, no. 2 (December 1, 2022): 79–109. http://dx.doi.org/10.35905/aliftah.v3i2.6415.
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This thesis discusses the use of communication technology to be able to become a solution and a means to support the effectiveness and efficiency of the peace process in online mediation in the Religious Courts. The objectives of the thesis research include: (1) to find out the trend of divorce cases being sued in the Religious Courts, the urgency of implementing and the effectiveness of implementing online mediation in the era of the Covid-19 pandemic. (2) to determine benchmarks for the effectiveness of mediation in the Religious Courts and (3) to determine the effectiveness of online mediation for contested divorces in the Religious Courts during the Covid-19 pandemic era.
This type of research is field research and development (Research and Development) with a sociological juridical approach. The primary data source is in the form of interview data from three informants, namely, the Deputy Chairperson of the Court and the Mediator and is supported by observation and documentation in the form of files or documents related to divorce cases being contested at the Class 1 B Parepare Religious Court. The data in this study were analyzed qualitatively descriptively by testing the validity of the data using the triangulation technique.
The results of this study indicate that (1) during the Covid-19 pandemic, the tendency for divorce cases to be sued at the Parepare Religious Court did not experience a significant change in the number of cases, only in April and May there was a decrease in the number of divorce cases due to the government's policy of restrictions related to emergencies health and the policy of the Parepare Religious Court which limits the number of cases that justice seekers wish to register. (2) Five factors that influence law enforcement, these five factors become benchmarks for measuring the effectiveness of mediation in the Religious Courtsnamely, legal factors, law enforcement factors, infrastructure factors, community factors and cultural factors. So that in divorce cases the benchmark for the success of mediation is the number of cases revoked (3)Mediation conducted online has not been effective as an alternative to dispute resolution in an effort to reconcile the parties who wish to file for divorce, so it is necessary to update the law regarding the regulations governing online mediation which are equipped with telecommunication infrastructure, security systems, and online mediation institutions, especially during the Covid pandemic -19.
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Iskandar, Syah. "PELAKSANAAN MEDIASI KONFLIK PERCERAIAN DI MAHKAMAH SYAR’IYAH ACEH DILIHAT DARI PELUANG DAN TANTANGAN." SYARIAH: Journal of Islamic Law 4, no. 2 (December 30, 2022): 21–37. http://dx.doi.org/10.22373/jiis.v4i2.87.
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Abstarct: The increasing number of divorces in Aceh Province is a concern for all of us for family resilience. There are many factors that can trigger a divorce, but all of the settlement processes must be submitted to the Mahkamah Syar’iyah as the official institution that oversees it. In an effort to resolve divorce cases, there are several processes that must be carried out, one of which is mediation. From several searches by researchers, the mediation efforts that have been carried out are still relatively ineffective. Therefore this study aims to further examine the implementation of divorce conflict mediation at the Mahkamah Syar’iyah Aceh and to see what are the opportunities and challenges of carrying out this mediation. This research is a library research with qualitative descriptive techniques. Data collection techniques are carried out through content analysis techniques. The results of the research will be presented in the form of a descriptive narrative in an easy-to-understand form. The results of this study indicate that there are still many challenges in conducting divorce mediation at the Mahkamah Syar’iyah Aceh. Besides that, there are also opportunities that can be optimized for the success of divorce mediation at the Mahkamah Syar’iyah Aceh.
Keywords: Mediation; Divorce; Syar'iyah Court; Aceh.
Abstrak: Meningkatnya angka perceraian di Provinsi Aceh menjadi kekhawatiran kita semua terhadap ketahanan keluarga. Ada banyak faktor yang dapat memicu perceraian, namun semua proses penyelesaiannya harus dilimpahkan kepada Mahkamah Syar’iyah sebagai lembaga resmi yang menaungi nya. Dalam upaya penyelesaian kasus perceraian ada beberapa proses yang harus dilakukan salah satunya upaya mediasi. Dari beberapa penelusuran peneliti, upaya mediasi yang telah dilakukan masih dianggap kurang efektif. Oleh karena itu penelitian ini bertujuan untuk mengkaji lebih lanjut pelaksanaan mediasi konflik perceraian di Mahkamah Syar’iyah Aceh dan untuk melihat apa yang menjadi peluang dan tantangan pelaksanaan mediasi tersebut. Penelitian ini merupakan penelitian kepustakaan dengan teknik kualitatif deskriptif. Teknik pengumpulan data dilakukan melalui teknik analisis konten. Hasil penelitian akan disampaikan dalam bentuk narasi deskriptif dalam bentuk yang mudah dipahami. Hasil penelitian ini menunjukkan bahwa masih ada banyaknya tantangan dalam melakukan mediasi perceraian di Mahkamah Syar’iyah Aceh. Disamping itu juga terdapat peluang yang dapat dioptimalkan demi keberhasilan mediasi perceraian pada mahkamah Syar’iyah Aceh.
Kata Kunci: Mediasi; Perceraian; Mahkamah Syar’iyah; Aceh.
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Takdir and Nurul Fajriani. "Peran Konseling Mediasi dalam Mengatasi Perceraian." Indonesian Journal of Islamic Counseling 5, no. 2 (October 10, 2023): 83–98. http://dx.doi.org/10.35905/ijic.v5i2.6671.
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The effort made by the Religious Court to cancel a divorce is through mediation. Mediation guidance is an effort to reconcile both parties in a dispute or disagreement, including people who want to divorce. Mediation guidance must be carried out optimally in order to handle divorce problems. The aim of this research is to find out how the mediation guidance process is carried out by the Parepare Religious Court. The research method uses a qualitative descriptive approach. The results of the research are that mediation guidance, if seen from the number of people who divorce, is not yet effective. However, if you look at the mediation guidance process carried out by the Parepare Religious Court, it has been very optimal and how mediation guidance should work in Islamic counseling guidance. Every mediator (Counselor) who carries out mediation guidance has made every effort so that people who previously wanted to divorce can be reconciled again. The Parepare Religious Court's efforts to optimize the mediation guidance process are also assisted by mediator judges (Counselors) who have special abilities and skills as mediators (Counselors).
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Vivian Moraa Nyaata. "Situating children in divorce mediation in South Africa and Australia: A comparative study." Journal of Policy and Development Studies (JPDS) 1, no. 1 (August 26, 2022): 30–41. http://dx.doi.org/10.51317/jpds.v4i1.226.
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This study focuses on situating children in divorce mediation in South Africa and Australia. This study investigates how South Africa and Australia have domesticated and are implementing relevant international laws and policies that allows hearing the voices of children in divorce mediation. This study found that South Africa and Australia do not have specific legislation that provides hearing in the child's voice in divorce mediation. However, the Australian government funds on-going research to improve the hearing of a child's voice in divorce mediation. Aided by government funding, Australia has developed unique techniques to listen to the child's voice during divorce mediation. The special priority afforded to children’s rights in South Africa and Australia is justified under the Capabilities approach cost-effectiveness principle because it prevents a spiralling need for state intervention later in the lives of its citizens. Some of the techniques used by the Australian government go beyond the requirements of the UNCRC and ACRWC. For example, some FRCs employ technology to screen for child abuse before hearing a child's voice in divorce mediation. Like the Office of the Family Advocate in South Africa, FRCs use a teamwork approach where child consultants and mediators work together to listen to the child's voice during divorce mediation.
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Ridwan, Masrur, Aryani Witasari, and Ahmad Hadi Prayitno. "PERSPECTIVE OF MEDIATION EFFECTIVENESS THEORY AS MAIN OPTIONS IN ORDER TO LOWER DIVORCE RATE." Jurnal Pembaharuan Hukum 8, no. 2 (July 17, 2021): 184. http://dx.doi.org/10.26532/jph.v8i2.16065.
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The purpose of this paper is to examine mediation as a way effective to reduce the divorce rate and the obstacles and challenges that create mediation as the means chosen to reduce the divorce rate in Indonesia. The increase and decrease in claimable divorce rates can basically be monitored , if supported by various parties, including through the implementation of effective mediation and efficient. In general, the biggest cause of divorce in Indonesia is dispute continuous and economic problems. Socialization and counseling about coaching the sakinah family has been awarded by the authorities. There is an obligation to conduct mediation before entering the court's domain as regulated in Supreme Court Regulation No.1 of 2016 is still being carried out half-heartedly tends to be mere formality. This is one of the obstacles in the difficulty there is an agreement in the mediation process. The divorce rate can be reduced significantly significant, if the parties involved in household cases have been pushed to take advantage of mediation institutions from an early age. The five elements according to effectiveness theory related to mediation as the main choice in suppressing the divorce rate well done.
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Azwar, Zainal, Firdaus Firdaus, and Muhammad Nafis. "The Role of the Malay Customary Institution in Off-Court Divorce Mediation: a Case Study in Rantau Pandan, Jambi." Al-Risalah 20, no. 1 (May 28, 2020): 59. http://dx.doi.org/10.30631/al-risalah.v20i1.561.
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In general, the concept of mediation in fiqh literature concerns merely with pre-divorce conflicts. In contrast, the Malay Customary Institution in Rantau Pandan, Jambi also concerns with restoring household integrity after divorce. This paper aims at describing and analyzing the role of the Malay Customary Institution in restoring post-divorce households in Rantau Pandan. The field research was conducted where the data taken from in-depth interviews and documentation. This paper concludes that there are two forms of mediation process practiced by the Malay Customary Institution in Rantau Pandan: the mediation that is prompted by the initial request of the involving parties and that is without the precondition of reconciliation. The success of the Customary Institution in mediating familial conflicts is supported by several factors, such as; the competence of the mediators, kinship relations, and the goodwill of the respective parties. The mediation practiced of the Customary Institution works in line with the guidance of the Qur’ān and the principle of mediation in Islam. Additionally, this institution has developed the concept of mediation outside the court, both in terms of form and task.
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Azwar, Zainal, Firdaus Firdaus, and Muhammad Nafis. "The Role of the Malay Customary Institution in Off-Court Divorce Mediation: A Case Study in Rantau Pandan, Jambi." Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 20, no. 1 (May 28, 2020): 59–73. http://dx.doi.org/10.30631/alrisalah.v20i1.561.
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In general, the concept of mediation in fiqh literature concerns merely with pre-divorce conflicts. In contrast, the Malay Customary Institution in Rantau Pandan, Jambi also concerns with restoring household integrity after divorce. This paper aims at describing and analyzing the role of the Malay Customary Institution in restoring post-divorce households in Rantau Pandan. The field research was conducted where the data taken from in-depth interviews and documentation. This paper concludes that there are two forms of mediation process practiced by the Malay Customary Institution in Rantau Pandan: the mediation that is prompted by the initial request of the involving parties and that is without the precondition of reconciliation. The success of the Customary Institution in mediating familial conflicts is supported by several factors, such as; the competence of the mediators, kinship relations, and the goodwill of the respective parties. The mediation practiced of the Customary Institution works in line with the guidance of the Qur’ān and the principle of mediation in Islam. Additionally, this institution has developed the concept of mediation outside the court, both in terms of form and task.
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Hanifah, Mardalena, and Meidana Pascadinianti. "Function of Non-Judge Mediators in Divorce Settlement Through Religious Courts." Unnes Law Journal 9, no. 2 (October 31, 2023): 377–418. http://dx.doi.org/10.15294/ulj.v9i2.75611.
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Marriage is carried out until the death of one of the husband and wife. In certain conditions, some things require the dissolution of a marriage, meaning that if the marriage relationship continues, harm will occur which will lead to divorce. Mediation as an out-of-court dispute resolution process is used by courts as a divorce settlement process. Mediation is carried out by a mediator, both a judge mediator and a non-judge mediator. The problem discussed is how to resolve divorce cases through mediation by non-judge mediators in the Religious Courts. The research method used is empirical research with qualitative analysis. Qualitative analysis is a study related to the integration of the substance of laws and regulations on divorce mediation and resolution in Religious Courts. Based on the results of research, the mediation process in the Religious Courts must be carried out by PERMA Number 1 of 2016 concerning Mediation Procedures in Courts, in line with islah as a peacemaker in Islam which has been carried out in the Religious Courts by mediator judges and non-judge mediators. The results of the study show that the success rate is very low. The cause of the failure of divorce settlement through mediation in the Religious Courts is the parties have the intention to divorce, making mediation only a requirement. In addition, the effectiveness of the mediator's function comes from the mediator's skills in handling divorce cases and the awareness of the parties to improve the household and the need for laws on mediation.
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Syarifudin, Muhammad Amin, Herwastoeti Herwastoeti, and Dwi Ratna Indri Hapsari. "The Effectiveness of Application Mediation in Reducing Divorce Cases at Jombang Religious Court." Indonesia Law Reform Journal 2, no. 3 (December 7, 2022): 352–66. http://dx.doi.org/10.22219/ilrej.v2i3.23339.
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The reason for the occurrence of divorce at the Jombang Religious Court is due to several factors, but in how many years the pandemic has increased other factors such as a moral crisis, no responsibility, persecution, biological defects, economic problems, and other factors, jealousy, forced marriage, and no household harmony and underage marriage, divorce is a legal way to deal with marital conflicts under the umbrella of Indonesian law and formalized Islamic law, it is hoped that mediation will be the mediating point of all kinds of divorce issues, Mediation is a process of judicial proceedings regulated in PERMA No. 1 of 2016 concerning mediation procedures in court. the implementation of mediation at the Jombang Religious Court has been carried out according to the procedure, but in the last 4 years the Jombang Religious Court has experienced an increase in cases and the number that cannot be mediated is quite a lot due to the absence of the parties even though they have been summoned more than twice but the parties still choose not present so that the case continues and cannot be mediated, while cases that can be mediated are influenced by the peaceful intentions of both parties so that the mediation can be carried out or those who are being mediated choose to come because they demand their rights as in the case of divorce talk is alimony arising from divorce, so the authors found the ineffectiveness of mediation in its implementation which was unsuccessful due to several obstacles in its implementation, namely the strong desire between parties, ignorance of the importance of mediation by the community, the role of advocates. The author also provides a solution to the obstacles to the ineffectiveness of mediation by maximizing the panel of judges, mediation training, the role of the mediator, the role of the government, and evaluating the performance of the mediator.
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Dian Ety Mayasari, L. Budi Kagramanto, Endang Prasetyawati, and Yovita Arie Mangesti. "Juridical review of pastoral mediation in divorce cases of catholic married couples." Technium Social Sciences Journal 39 (January 8, 2023): 249–56. http://dx.doi.org/10.47577/tssj.v39i1.7991.
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The provision in Article 2 of Marriage Law involves the religious values of marriage sacredness to legalize marriage. However, no explicit involvement of religious law was found in the divorce settlement as has been regulated in Article 39 paragraph 1 of Marriage Law stating that divorce can only be granted in front of a court session after the court has tried and failed to reconcile the two parties. Mediation process requires a mediator other than the judge, as regulated in Article 19, paragraph (1) of Supreme Court Regulation No. 1 of 2016 on Mediation in Court Procedure. This paper focuses on Catholic married couple who filed a divorce application at District Court and involved pastor as the mediator for both parties. Pastors can be involved in divorce mediation of a Catholic married couple as regulated in Article 26 paragraph (1) of Supreme Court Regulation No 1 of 2016 concerning in-court Mediation Procedure that allow religious leader to serve as the mediator to reconcile a married couple who apply for a divorce. Therefore, the judge who presided over the divorce case can reject the divorce application filed by a Catholic married couple without pastoral consultation or mediation.
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Margulies, Sam, and Anya Luchow. "Litigation, Mediation and the Psychology of Divorce." Journal of Psychiatry & Law 20, no. 4 (December 1992): 483–504. http://dx.doi.org/10.1177/009318539202000405.
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The adversary legal system has frequently been criticized by the mental health professions as poorly designed to meet the psychological needs of families. This article explores why that criticism is true. Successful adjustment to divorce by couples and their children requires the completion of critical psychological and practical tasks early in the divorce. In particular, the noninitiating spouse must come to terms with the fact of divorce and control the intense emotions that accompany the decision to divorce. The norms and values of the legal system and the perceptions and behaviors of the lawyers interfere with completion of the psychological tasks and retard adaptation. Mediation is viewed as an appropriate model for supporting the completion of successful divorce.
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Saifullah, Muhammad. "EFEKTIVITAS MEDIASI DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA JAWA TENGAH." Al-Ahkam 25, no. 2 (October 24, 2015): 181. http://dx.doi.org/10.21580/ahkam.2015.25.2.601.
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Mediation as one of Alternative Dispute Resolution (ADR) is seen as a way dispute resolution humane and just. Humanist because the mechanism decision-making (the peace agreement) become the authority of the parties dispute and maintain good relations. Fair because each party negotiate to option a problem solution from his problem and outputs a win-win solution. Therefore, dispute resolution with litigation is becoming obsolete and people turn to mediation. Through the Supreme Court Regulation (Perma) No. 1 In 2008, mediation has been integrated into the proceedings in the court system. Every civil matters must completed first by way of mediation. Each judge's decision not by way of mediation first, the decision shall be considered null and void. This paper discusses the effectiveness of mediation in the settlement of divorce cases in the Religious Court Central Java, because of a divorce case is a matter of the highest ranks in the Religious Court. The focus of the study is the implementation of divorce mediation cases, mediation success standard divorce cases and the litigants public response to the peace efforts through mediation procedures
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Karmuji and M. Prima Handa Kusuma. "Efektivitas Mediasi dalam Penyelesaian Perkara Perceraian di Pengadilan Agama Tuban." JOSH: Journal of Sharia 1, no. 1 (January 28, 2022): 36–48. http://dx.doi.org/10.55352/josh.v1i1.454.
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Mediation as an Alternative Dispute Resolution (ADR) is seen as a humanist and fair dispute resolution method. Humanist because the decision-making mechanism (peace agreement) becomes the authority of the disputing parties and maintains good relations. It is fair because each party negotiates a solution to the problem and the output is a win-win solution. Therefore, litigation dispute resolution began to be abandoned and people turned to mediation. Through Supreme Court Regulation (PerMA) No. 1 of 2008, mediation has been integrated into the court system. Every civil case must be resolved first through mediation. Every judge's decision that does not go through mediation first, then the decision is considered null and void. This paper discusses the effectiveness of mediation in the settlement of divorce cases at the Tuban Regency Religious Court, because divorce cases are cases that occupy the highest ranking in the Religious Courts. The focus of the study is the implementation of mediation in divorce cases, the effectiveness of Tuban mediation, what are the obstacles in the implementation of mediation in divorce cases at the Tuban Religious Court.
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M. Prima Handa Kusuma and Karmuji Karmuji. "Efektivitas Mediasi dalam Penyelesaian Perkara Perceraian di Pengadilan Agama Tuban." JOSH: Journal of Sharia 1, no. 1 (January 23, 2022): 36–48. http://dx.doi.org/10.55352/josh.v1i1.152.
Full textAbstract:
Mediation as an Alternative Dispute Resolution (ADR) is seen as a humanist and fair dispute resolution method. Humanist because the decision-making mechanism (peace agreement) becomes the authority of the disputing parties and maintains good relations. It is fair because each party negotiates a solution to the problem and the output is a win-win solution. Therefore, litigation dispute resolution began to be abandoned and people turned to mediation. Through Supreme Court Regulation (PerMA) No. 1 of 2008, mediation has been integrated into the court system. Every civil case must be resolved first through mediation. Every judge's decision that does not go through mediation first, then the decision is considered null and void. This paper discusses the effectiveness of mediation in the settlement of divorce cases at the Tuban Regency Religious Court, because divorce cases are cases that occupy the highest ranking in the Religious Courts. The focus of the study is the implementation of mediation in divorce cases, the effectiveness of Tuban mediation, what are the obstacles in the implementation of mediation in divorce cases at the Tuban Religious Court.
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Kaganas, Felicity, and Christine Piper. "Domestic violence and divorce mediation." Journal of Social Welfare and Family Law 16, no. 3 (July 1994): 265–78. http://dx.doi.org/10.1080/09649069408413612.
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Wong, Roger R. "DIVORCE MEDIATION AMONG ASIAN AMERICANS." Family Court Review 33, no. 1 (March 15, 2005): 110–28. http://dx.doi.org/10.1111/j.174-1617.1995.tb00351.x.
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Emery, Robert E., David Sbarra, and Tara Grover. "DIVORCE MEDIATION: Research and Reflections." Family Court Review 43, no. 1 (January 2005): 22–37. http://dx.doi.org/10.1111/j.1744-1617.2005.00005.x.
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Bailey, Jo Daugherty, and Dawn McCarty. "Assessing Empowerment in Divorce Mediation." Negotiation Journal 25, no. 3 (July 2009): 327–36. http://dx.doi.org/10.1111/j.1571-9979.2009.00229.x.
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Sayers, Steven L. "Divorce Mediation: An Emerging Field." Contemporary Psychology: A Journal of Reviews 36, no. 9 (September 1991): 764–65. http://dx.doi.org/10.1037/030144.
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Weingarten, Helen R. "Strategic Planning for Divorce Mediation." Social Work 31, no. 3 (May 1, 1986): 194–200. http://dx.doi.org/10.1093/sw/31.3.194.
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Beck, Elizabeth A., and Charles E. Beck. "Improving Communication in Divorce Mediation." Journal of Divorce 8, no. 3-4 (June 21, 1985): 167–76. http://dx.doi.org/10.1300/j279v08n03_12.
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GREBE, SARAH CHILDS. "Mediation in Separation and Divorce." Journal of Counseling & Development 64, no. 6 (February 1986): 379–82. http://dx.doi.org/10.1002/j.1556-6676.1986.tb01140.x.
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Weaver, Jyoti. "Therapeutic implications of divorce mediation." Mediation Quarterly 1986, no. 12 (June 1986): 75–90. http://dx.doi.org/10.1002/crq.38919861208.
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