Meeting Points in the Middle of Disputes: The Urgency of Mediation in Realizing Effective and Equitable Religious Courts

Abstract

This study aims to explain the urgency of mediation as an integrative solution in resolving marriage cases in religious courts. In the background, it is stated that the number of marriage cases in religious courts is increasing and the complexity of the problem. However, conventional religious courts are considered less effective and fair in resolving such cases. Therefore, through a literature review, the concept of mediation, its principles, and the effectiveness of mediation in resolving marital disputes will be described. The research will also involve the implementation of mediation in religious courts in various countries, as well as the challenges and opportunities of its implementation in Indonesia. Furthermore, it will explain the advantages of mediation compared to conventional courts, its benefits for litigants, families, and communities, as well as its contribution in realizing effective and fair religious justice. In the implementation section, policies and regulations related to mediation in religious courts will be discussed, the capacity and training of mediators, the mechanism for implementing mediation, and challenges and solutions in its implementation. This study will conclude with conclusions about the urgency of mediation in religious courts and its suggestions to improve the effectiveness of mediation implementation in religious courts. Recommendations will also be given for further research on mediation in religious courts.