Dinamika penyelesaian sengketa perdata

Sebuah analisis komparatif antara litigasi, mediasi, dan arbitrase

Authors

  • Maidany Effendy Program Studi Hukum Ekonomi Syariah, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Keywords:

litigation; meditation; arbitration; civil disputes; law

Abstract

The dynamics of civil dispute resolution: a comparative analysis of litigation, mediation, and arbitration . This article discusses the importance of effective and efficient civil dispute resolution in the legal system to provide legal certainty. The author conducts a comparative analysis to understand the suitability of each method based on factors such as cost, time, and legal certainty. Litigation, mediation, and Arbitration are presented as dispute resolution methods and to highlight the advantages and disadvantages of each. Litigation is described as a formal court process with definitive legal force, but often time-consuming and higher costs. Mediation is presented as a collaborative approach that is more efficient and can maintain good relations between parties. Arbitration is discussed as a method that offers speed and confidentiality in dispute resolution. This article aims to compare the three methods to understand the most suitable situations for their application and emphasises the need for dispute resolution methods to suit specific needs and situations, with practical recommendations for choosing the right method.

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Published

2024-06-30

How to Cite

Effendy, M. (2024). Dinamika penyelesaian sengketa perdata: Sebuah analisis komparatif antara litigasi, mediasi, dan arbitrase. Maliki Interdisciplinary Journal, 2(6), 706–715. Retrieved from https://urj.uin-malang.ac.id/index.php/mij/article/view/8320

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Articles