#TITLE_ALTERNATIVE#

• Main Author: Sozuaon P. Simbolon (NIM 25097015), Guru
• Format: Theses
• Language: Indonesia
• Online Access: https://digilib.itb.ac.id/gdl/view/7991
• Institution: Institut Teknologi Bandung

ABSTRACT: <br /> <br /> <br /> Disputes in Construction Industry often caused in delay, cost overrun, inefficiency and conflict between the contractual parties. The disputants naturally may seek the settlement of dispute through the least complex, cheap and amicable settlement. <br /> <br /> <br /> This research aims to develop a framework of mediation rules which is expectedly to be used as a guidance procedure in the mediation practise in Indonesian Construction Industry. Basically, the framework was developed based on HKIE (1989) Mediation Service Rules and AAA (1994) Construction Industry Mediation Rules and referred to Indonesian Arbitration Board (1985) Procedure Rules and Indonesian Republic Laws no. 30 about Arbitration and Alternatives Dispute Resolution. Besides it was based on the social culture, consensus in reconcile the dispute. geography, and many inputs and opinions from the Indonesian Construction Indust' stakeholders, such as owner. consultant. contractor, mediator and arbitrator <br /> <br /> <br /> The result of this research is a framework of mediation rules which cover 15 main rules. They arc Definition of Mediation: Agreement of Parties; Initiation and Request for Mediation; Responsibility and Commitment from Each Party to Solve the Dispute; Authority of Representatives from Each Disputant; Interpretation and Application of Mediation Procedures; Privacy, Confidentiality, and Comfort in Mediation Process; Date, Time and Place of Mediation Process is Performed; Termination of Mediation Process; Fees and Expenses; Authority. Qualification and Exclusion of Mediator; Identification of Matters in Dispute; Trustworthiness of Each Disputant to Their Own Counselor; Execution of Decision; and Others.