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All Journal Jurnal Wawasan Yuridika
Alia Yofira Karunian
University of Edinburgh, United Kingdom
Law, Crime, Criminology & Criminal Justice

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Considering the Application of Mediation Characteristics for Optimizing Dispute Resolution in Industrial Relations: a Worthwhile Endeavor? Nyoman Satyayudha Dananjaya; Alia Yofira Karunian; Kadek Agus Sudiarawan; Made Cinthya Puspita Shara; Putu Ade Harriestha Martana
Jurnal Wawasan Yuridika Vol 7, No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4194

Abstract

This article aims to discuss further the importance of the characteristics of non-litigationdispute resolution through mediation in resolving industrial relations disputes. Thisresearch is descriptive with a normative research type, using a statutory approachand data collection using literature study, then the data is analyzed qualitatively. Theresults obtained from this research are that each type of dispute resolution has itscharacteristics. One of the main reasons why disputes cannot be resolved througharbitration is limited authority. Apart from that, the lack of information, abilities,and knowledge of the parties regarding conciliation and negotiation is the cause ofthese problems. Therefore, mediation is chosen due to its distinctive characteristicscompared to other non-litigation resolutions, such as the mediator's role in assistingthe parties, the absence of decision-making authority, the mediation process focusingon the future, and fostering the creation of win-win solutions.
Co-Authors Kadek Agus Sudiarawan Made Cinthya Puspita Shara Nyoman Satyayudha Dananjaya Putu Ade Harriestha Martana