Journal of Law and Criminal Justice

Models of Industrial Relation Mediation in Indonesia
Jumiarti, AdiSulistiyono , Hari Purwadi, I Gusti Ayu Ketut Rachmi Handayani

Abstract
Mediation has widely been used in settlement of industrial relation disputes in Indonesia. Various laws and regulations have been enacted to enable mediation in resolving various disputes in industrial relations. The purpose of this paper is to describe the models of industrial mediation in Indonesia. This paper shows that there are many models of mediation practices in Indonesia, namely settlement mediation, facilitative mediation, therapeutic mediation, and evaluative mediation. Among the various models of mediation, evaluative mediation has been the dominant model in practices. Mediation processes that ended up with recommendations have mainly been characterized by an evaluative model of mediation. Meanwhile, mediation processes that resulted in agreements have been characterized by a facilitative model of mediation. We believe that facilitative model of mediation would be an ideal condition to stimulate the realization of a joint agreement between the parties in settling their industrial relation disputes. To make a facilitative model of mediation works effectively, there is a need to improve the roles of industrial relation mediators in the mediation process. At the normative level, there is a need to amend technical stipulations concerning mediations. At the practical level, there is a need to improve technical capacity of the mediators through various structured and continuous seminars and training on industrial relation mediation

Full Text: PDF     DOI: 10.15640/jlcj.v5n2a8