Court–Annexed Mediation in Indonesia: Does Culture Matter?



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.