Court–Annexed Mediation in Indonesia: Does Culture Matter?
Article first published online: 2 APR 2013
© Wiley Periodicals, Inc., and the Association for Conflict Resolution
Conflict Resolution Quarterly
Special Issue: Colloquy on Indigenous and Local Conflict Resolution Processes
Volume 30, Issue 3, pages 369–390, Spring 2013
How to Cite
Syukur, F. A. and Bagshaw, D. M. (2013), Court–Annexed Mediation in Indonesia: Does Culture Matter?. Conflict Resolution Quarterly, 30: 369–390. doi: 10.1002/crq.21067
- Issue published online: 2 APR 2013
- Article first published online: 2 APR 2013
A Western model of court-annexed mediation was introduced into the Indonesian courts in 2003, but has been relatively unsuccessful. The authors argue that one factor contributing to this is the failure of mediators to use culturally appropriate approaches and emphasize the need for mediators to be trained to be culturally fluent and self-reflexive. They analyze cultural factors relevant to mediation with participants from diverse cultural backgrounds and implications for training. Musyawarah mufakat, the indigenous way of resolving disputes, is compared to a Western interest-based model of mediation and a case study illustrates how the process can incorporate an indigenous approach.