Case Studies Business Disputes in the USA and Canada

Consumers wishing to settle their disagreements by means of the Consumer Dispute Settlement Agency (BPSK) can submit applications for case resolution. Whether written or unwritten, this application should be turned in with a statement of the consumer's losses. Apart from individual consumers, consumer groups and non-governmental organizations also have the power to launch cases by immediately forwarding grievances to the district court in line with Article 46 of Law Number 8 of 1999. A court clerk helps the panel during the trial to guarantee an equitable and quick procedure. 2. Review of consumer applications follows processes akin to those used in regular courts during trials. All the relevant parties will be informed of the choice on the resolution of consumer cases; mediation or arbitration will help to get the desired outcome. The Consumer Dispute Settlement Agency (BPSK) plays an advising function in the consumer case settlement process; the resultant resolutions are then delivered to the parties. Should the parties come to an understanding via mediation and discover a point of reconciliation, BPSK will produce a peace agreement signed by all the engaged parties. 2024 Jayadi, H.; Hasibuan, H.; Kuntadi, K.; Susanto, H. Evaluation of Mediation Strategies in Conflict Management Ten. 3. Agreements of the parties to attain peace outside the court guide the execution and resolution of rulings from the Consumer Dispute Settlement Agency (BPSK). Two kinds of BPSK court rulings exist: 

First, the agreement the parties make determines the conclusion 

+taken through mediation. Once a resolution is reached, the mediator will create a written agreement to be signed by every participant. Signed, the BPSK court institution will formally approve the arrangement. Administrative penalties are not part of decisions made through mediation. b. Second, the choice taken using the arbitration process. Law Number 8 of 1999 on consumer protection states that fourteen working days following the announcement of the Consumer Dispute Settlement Agency's judgment one may accept or reject the decision. Those who get a decision from the Consumer Dispute Settlement Agency must follow the ruling seven working days from the formal announcement of receipt from the BPSK. On the other hand, companies can appeal to the National Legal Assembly inside fourteen working days following the announcement of the BPSK judgment. The National Legal Assembly is obliged to decide within twenty-one working days. Should the conflicting parties still be unhappy with the ruling, they can submit a straight cassation application to the Supreme Court outside of the Grand Legal Assembly within a 14 working day limit. Objections to an arbitration ruling are expressed in reference to Supreme Court Regulation No. 1 of 2006, which lays forth the requirements for objections. First of all, it is acknowledged that proof presented—that of a letter or document sent following a decision—is fraudulent. This criteria underlines that the party objecting has to be able to show that the document or letter used as the basis for the arbitration ruling was created fraudulently or in bad faith (Syafrida & Hartati, 21). 

Second, the other party purposefully removes the decision document 

deciding a consumer dispute matter. This implies that the fact that the other side purposefully deleted the document guiding the arbitration ruling causes conflict. Civil litigation allows consumer dispute situations to be resolved by means of agreemen ts or settlements negotiated. A contract documents the outcomes of the decisions taken from these agreements (Suppeno et al., 2019; Gmurzyńska, 2021). Still, it's thought of as ineffective how consumer dispute cases are settled before courts. This is a result of the high expenses and the protracted court case resolution times (Situmorang, 22211). Because it is thought to be faster, more efficient, and less expensive, alternative conflict resolution via arbitration is thus growing in appeal. Arbitration offers thus a more sensible and efficient way to resolve consumer conflicts. five DISCUSSION Regarding land matters in Indonesia, the National Land Agency of the Republic of Indonesia is in charge of settling conflicts by means of mediation outside of courts. Before the District Court gets to the trial level, the National Land Agency facilitates handling of land disputes. Its function as a governmental entity concentrated on the land sector guides this (Arwana & Arifin, 2019). Aiming to establish a "harmonious living order by overcoming various land disputes, conflicts, and cases throughout the country and designing legal instruments and land management systems so as not to cause disputes, conflicts, and cases in the future," the 

National Land Agency as mandated in Presidential Regulation of the Republic 

of Indonesia Number 63 of 2013 aims to create. With the intention of becoming a successful mediator for the parties engaged in land conflicts, mediation conducted by the National Land Agency is done in good faith (Hanifah, 21). Only when both conflicting parties accept and consent to the mediation process at the National Land Agency will it be possible. Unlike court rulings that usually favor one party, this mediation seeks to find a solution that will help all participants (Nansi, 2022). Usually only three meetings are allowed for mediation outside of the court; should a resolution fail, the conflict will be forwarded to the District Court. The mediation process starts at the registered disputed territory in the Regional Land Office. The focus of the conflict is the Land Office's physical, legal, and registration records for the land in issue (Hermanto et al., 2021; Sugiarto et al., 2022). The parties might consent to have the mediation carried on at the Regional Office of the National Land Agency or the Central Land Agency should they be unhappy with the local Land Office mediation. Mediation for conflicts over uncertified land is conducted locally in line with Law Number 23 of 2014 concerning Regional Government.