Jurnal CENDIKIA ISNU
Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU

Case Study of Alternative Joint Property Dispute Resolution Through Mediation

Siti Arifahsyam (Darul Qur’an Medan)
Mohammad Amir Bin Wan Harun (Universiti Sains Malaysia)



Article Info

Publish Date
30 May 2024

Abstract

The resolution of joint property disputes is often a source of conflict in divorce, which requires alternative approaches such as mediation to achieve a fair and satisfactory outcome for both parties. This study uses a normative juridical approach with a case study method, examining a number of cases of joint property disputes resolved through mediation in several religious courts. The results of the study show that mediation is able to reduce tensions between the parties and speed up the dispute resolution process, compared to the litigation process. In addition, mediation offers a more flexible and customizable solution to each party's needs, which is often not achievable through the courts. The conclusion of this study is that mediation is an effective alternative in resolving joint property disputes, especially in the context of divorce. It is recommended that religious courts further promote the use of mediation and provide additional training for mediators to improve the quality of dispute resolution through this means. These findings are expected to contribute to the development of a more responsive and inclusive legal system.

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Journal Info

Abbrev

jcisnu

Publisher

Subject

Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal ...