ARBITRATION & MEDIATION

Alternative Dispute Resolution (ADR) is a procedure for resolving disputes outside the courtroom without going through a litigation process, such as arbitration, mediation, or negotiation. The ADR procedure is usually cheaper and faster. They are increasingly used in disputes such as high-level labor disputes, divorce proceedings, and personal injury claims. ADR typically includes an initial neutral evaluation, negotiation, conciliation, mediation, and arbitration

One of the main reasons parties may prefer the ADR process is that, unlike adversarial litigation, ADR procedures are often collaborative and allow the parties to understand each other’s positions. ADR also allows parties to find more creative solutions that courts may not legally allow.

ARBITRATION

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties prefer a private dispute resolution procedure rather than going to court. Arbitration is a form of Alternative Dispute Resolution (ADR). Arbitration has the advantages of confidentiality, expedited proceedings and expert tribunals. Arbitration is usually less expensive and quicker than litigation and decisions are generally binding.

Arbitration is the most formal alternative to litigation. In this process, the disputing parties present their case to a neutral third party, who renders the decision. Arbitration is widely used to resolve disputes in both the private and public sectors.

Arbitration is becoming an increasingly popular method of resolving disputes with arbitration clauses often included in contracts. Alternatively, the parties may also enter into an arbitration agreement after a dispute arises.

An arbitrator, who is a neutral third party is appointed for their particular expertise in the relevant industry or subject of dispute. The arbitrator makes a decision after the hearing and issues an arbitration award.

J&A attorneys who specialize in arbitration can act in two different roles. One, nominated and proposed to BANI (Indonesian National Arbitration Board) to become a member of the Arbitration Tribunal. On the other hand, J&A attorneys sit with clients in the arbitration chamber. Accompany, assist and provide all necessary legal input during the arbitration process.  J&A’s experience in arbitration includes many major cases before several Arbitration Panels. J&A’s expert attorneys have acted as arbitrators in various commercial law disputes.

Representatives for All Industries
J&A has successfully represented clients in arbitrations spanning most industries, which often occur in the context of disputes arising from joint ventures, international sales and purchase agreements, agency agreements, consulting agreements and shareholder agreements.
Below are some examples of disputes across industries:

  • Agency Agreement, Consulting & Services
  • Agricultural Industry
  • Automotive & Aviation
  • Blockchain & Cryptocurrency
  • Chemical industry
  • Construction & Engineering
  • Distribution Industry
  • Financial industry
  • Hospitality Industry
  • Infrastructure-Related Arbitration
  • Intellectual property rights
  • Joint Venture & Shareholder Agreement
  • Media Industry
  • Mining
  • Gas oil
  • Pharmaceutical industry
  • Housing area
  • Renewable energy
  • Sale and purchase agreement
  • Delivery
  • Steel industry
  • Technology/Information Technology
  • Telecommunications Industry
  • Transportation Industry

MEDIATION

is a peaceful variant of alternative dispute resolution. The core element of this kind of ADR is a mediator, a neutral third party who is chosen by both parties by mutual agreement or even pre-elected. J&A mediators negotiate with both parties to reach a compromise that will satisfy each other’s claims. The exact method of mediation may vary from one mediator to another, but always focus on finding a middle ground that will serve both parties and resolve the dispute.

In the mediation procedure, a neutral intermediary, the J&A mediator, helps the parties to reach a mutually satisfactory resolution of the dispute. Each settlement is recorded in an enforceable contract.

Mediation is an efficient and cost-effective way to achieve that outcome while preserving, and after that sometimes even enhancing the good relations of the parties.
The main features of mediation are:

  • Mediation is a non-binding procedure controlled by the parties
  • Mediation is a secret procedure
  • Mediation is an interest-based procedure

Because mediation is non-binding and confidential, it involves minimal risk to the parties and yields significant benefits. Indeed, it could be argued that, even when a settlement is not reached, mediation never fails, as it causes the parties to determine the facts and issues of the dispute, thereby in any case preparing the ground for arbitration or subsequent litigation.

Cases suitable for mediation are disputes in commercial transactions, personal injury, construction, workers’ compensation, labor or community relations, divorce, domestic relations, employment or other matters that do not involve complicated procedural or evidentiary issues. Attendance at mediation meetings is voluntary by the parties, unless otherwise provided for by law or contractual clauses.

There are many reasons why disputants might choose mediation over traditional litigation or other forms of alternative dispute resolution. Some of these are due to affordability, timely settlement, private sessions, confidentiality, participation in dispute resolution, and in many cases the preservation of mutual relations between the parties.

Mediation costs are less than the average cost in time and money for dispute litigation.

The ability to make a user-friendly resolution to a dispute is an attractive component of mediation. Parties are empowered to solve their problems in workable terms to reach a “win-win” solution. This often promotes healing where one party feels deeply harmed or allows the parties to continue their business, work, or personal relationship. In many cases, the parties strengthen their working relationship for greater workplace efficiency.