Cross-Border Business Conflicts An Economic Analysis

Starting with the first actions done by the plaintiffs or applicants, who create a lawsuit letter and subsequently register it with the court registrar, the mediation process in Religious Courts and General Court starts. They have to pay the case registration fee after the registration stage and get a case registration number (Sugiarto et al., 2022). The court clerk then brings the lawsuit to the General Court and Religious Court chief, who will designate a panel of justices to review the matter (Nasir, 2020). Usually, on the first hearing day of the Religious Court and General Court, the judge's responsibility is to inspire the parties to mediate in line with Article 17 paragraph 1 of Law No. 30 of 1999 about Arbitration and Alternative Dispute Resolution. The examining judge then goes over the specifics of the mediation process to the parties in line with Article 17 paragraphs 6 and 7 of Law No. 30 of 1999. All those engaged record this in writing and sign it. In line with Article 20 of Law No. 30 of 1999, the examining judge also makes sure the parties choose a mediator on the first hearing day or at least within two days. The parties have to tell the examining judge their decision. 

Moreover, the leader of the panel names a mediator by decree of mediator selection

 this process is executed by the examining judge under the help of the deputy court clerk (Hanifah, 2021; Hermanto et al., 2021). The mediation process calls for a mediator assigned to arrange for meetings. Should mediation take place in a court building.the mediator will make contact to the parties using the help of a clerk or deputy clerk (Triana, 2019)Unless there is a valid reason, such health conditions preventing attendance based on a doctor's certificate, being under protection, living abroad, or involvement in state duties, professional demands, or unavoidable work, the parties are obliged to be present in person at the mediation meetings either with or without legal representation (Fadili & Sidiq, 2019; Asyhadi, 2019). Should one party fail to show up in two consecutive mediation sessions without a good explanation following a summons, the absent party is said to be behaving in bad faith; should the Plaintiff be acting in bad faith, legal ramifications follow (Saifuddin & Nizar, 2021). Reaching an agreement between the parties observed in a written agreement signed by all parties and the mediator determines the success of mediation. The terms of the peace agreement must not, however, contradict the law, public order, and/or morality standards, damage other parties, or be unenforceable (Maknun & Rani, 2020). If the parties do not reach an agreement within the maximum period of 30 days or if the parties show a lack of good faith by not submitting or responding to the opposing party's case resume or refusing to sign the draft peace agreement without a valid reason

mediation is judged failed. Mediating cases involving assets, wealth

or interests directly tied to other parties not included as either parties or included but not present in the mediation process is one of the circumstances in which mediation cannot be used. The mediation is deemed failed if the Mediator finds the parties operating in bad faith because of their absence in mediation (Prince, 2020; Cao et al., 2023). The Mediator generates a report following the mediation which she presents to the Examining Judge. Then the Examining Judge plans a court hearing. Should mediation come to an understanding, the Panel of Judges reads the determination of litigation withdrawal or the peace deed on the scheduled hearing day (Melkos, 2020). Mediating consumer conflicts between customers and service providers or manufacturers provides a fast and efficient way to resolve problems more than traditional legal procedures. Actually, there are several kinds of consumer dispute mediation (Triana, 2019; Kusnadi & Marpaung, 2022). Private mediation is an agreement between a consumer and a manufacturer or service provider to participate in a mediation conference outside of court, with the option to select their own mediator or utilize an independently approved mediator. To manage consumer conflicts

certain organizations—including Independent Mediation Institutions or Consumer Protection

 Agencies—offer mediation services (Jusari, 2020). Mediating conflicts between consumers and telecommunications corporations could be a possibility provided by consumer protection agencies. Mediation is even required in some countries before parties may bring a lawsuit in specific conflicts. This method offers a more cooperative answer and might lead to a decent agreement for both sides (Niagara & Hidyat, 2020; Wicaksono, 2021). Law Number 8 of 1999, specifically in Article 52, which refers to the Consumer Dispute Settlement Agency (BPSK) by mediation and arbitration, controls consumer dispute resolution; this law stipulates that cases reported to BPSK will be promptly followed up and BPSK has the obligation to issue case decisions (Tasmin, 2019). Outside of the court, BPSK acts as the institution helping mediation and arbitration to resolve issues. The phases of case resolution via BPSK comprise particular actions that have to be taken to reach a satisfying resolution for all the relevant parties (Adiyatmika et al., 2020).