The Judge's Attitude Towards the Mediator's Recommendation on Effectiveness of Mediation in the Court

Mediation in Supreme Court Regulations Number 1 2016 is a method of peaceful dispute resolution that is appropriate, and effective and opens access to justice in a broad sense. In Supreme Court Regulations Number 1/2016, the Supreme Court made a breakthrough to increase public access to justice - on the other hand, it is also an effort to reduce the burden of case examination and to create a simple, fast, and low-cost court. This article's research type is normative juridical research or doctrinal research, based on reading and understanding, and studying primary and secondary legal materials. The formulation of the problem raised regarding the consideration of the panel of judges regarding the mediator's recommendation regarding the sanction of payment of mediation fees for parties declared not in good faith and the procedure for payment of mediation fees by parties declared not in good faith by the mediator. The results did not find data on the mediator's recommendation to the panel of judges regarding the payment of mediation fees. If the panel of judges received the report, it was not immediately followed up in the final decision or verdict. The panel of judges continued to examine the recommendation on the grounds of providing justice and so that the defendant did not feel more burdened so that the recommendation was not included in the determination before continuing the examination or in the final decision. The procedure for payment of mediation costs by a party declared not in good faith is carried out together with the payment of the principal costs of the case in accumulation by fulfilling the legal principles of execution of civil case decisions.