Would Ratification of the Singapore Convention on Mediation Enrich Indonesian Mediation Culture?

Mediation, focusing on achieving consensus, generally aligns with Indonesia’s inclination towards amicable dispute resolution steeped in the nation’s cultural heritage. It offers a non-adversarial avenue for dispute resolution, steering Indonesian parties away from protracted and complex court or arbitration processes. This avoidance of unnecessary delay and complexity is not only a requirement before a defence submission in court, but is also encouraged in arbitrations, such as those under BANI Rules. However, Indonesia’s Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution (AADR Law) barely scratches the surface and provides limited clarity on enforcing mediated settlement agreements, particularly those resulting from independent mediations. This article seeks to explore how agreements resulting from mediation are enforced under the existing Indonesian legal framework and to evaluate whether the Singapore International Mediation Convention (SMC) would enrich the current mediation practices and enforcement mechanisms in Indonesia.