25 Jun 2017
Mediation
ABOUT BAPMI | BINDING OPINION | MEDIATION | ADJUDICATION | ARBITRATION | MEDIATOR/ADJUDICATOR/ARBITRATOR | RULES | EVENTS
Introduction
Registration
Mediation Agreement
Appointment of Mediator
Mediation Negotiation
Mediation Results
Enforceability of Settlement Agreement
Mediation Fees
Process

 

FAQ
News
Articles
References
Glosarium
Cost Simulation

 

Mediation Results

There are two possibilities in respect of final result of Mediation: succeed or fail.

Mediation is successful when the process leads to the signing of a Settlement Agreement between the parties. When the parties want the Settlement Agreement to have an executorial power, the Settlement Agreement can be stated into a deed of settlement (acta van Dading) by the Arbitral Tribunal/ Sole Arbitrator, in case the Mediation is conducted within the framework of an Arbitration process. The deed of settlement has a legal force as a final and binding judicial judgment. However, when the Mediation process takes place outside an Arbitration process, and the parties want the Settlement Agreement to have an executorial power (more than the power of an agreement), either party may petition for Arbitration to BAPMI, with a plea for damages (petitum) requesting the Arbitral Tribunal/ Sole Arbitrator to sentence the parties to respect the Settlement Agreement entered into by the parties. Furthermore, the Arbitral Tribunal/ Sole Arbitrator will pass an award with injunction as demanded by the Petitioner, giving the Settlement Agreement an executorial power as set out in the Arbitration Award.

Mediation is failed when the negotiation is deadlocked and the parties do not want to continue. When this failure occurs, the settlement process is handed back to each of the parties, whether or not to choose Arbitration or Judicial processes. When the Mediation is held within the framework of an Arbitration process, the Arbitral Tribunal/ Sole Arbitrator resumes the Arbitration proceeding.

Links | User Agreement | Your Comment | Tell Friends
Copyright © 2006 - Badan Arbitrase Pasar Modal Indonesia - All Rights Reserved