Critical Review of Adjudication and Mediation Methods of Dispute Resolution In Terms Of Time, Costs, Effectiveness and the Overall Interests of the Parties (Published)
This paper identifies the positive and negative aspects of adjudication and mediation as alternative methods of construction dispute resolution to arbitration and litigation. Upon examination of relevant literature, judicial findings, and anecdotal evidence, it is evident that adjudication and mediation have proven to be less adversarial and more efficient and cost effective approaches to resolving disputes in the Industry. With the recent improvements in the adjudication process, these have resulted in reducing the incidence of court hearings, and maintaining a working relationship between contracting parties for present and future project purposes. This research information will allow parties in dispute situations to understand such aspects, and make an informed decision as to which dispute resolution process may best suit their interests, and the interests of those concerned.
Keywords: Adjudication, Adjudicator, Arbitration, Cash flow, Claim, Construction Act, Contract, Cost, Dispute, Jurisdiction, Litigation, Mediation, Mediator, Natural Justice, Notice, Scheme, Summary Judgement, Time, Without Prejudice
The Transcendental Ideology: The Reflection of Just Law Certainty in Indonesian Adjudication (Published)
Indonesian adjudication find a difficulty in establishing fair law certainty because it is hard for the judge to interpret the transcendental ideology concerning with law certainty and justice. This ideology has been within First Principle of Pancasila, “The Belief on One Supreme God” and also principle of adjudication stating that “adjudication shall favor of justice based on One Supreme God”. Islamic Law offers the transcendental ideology as manifestation of the physicality and mentality of legality principles. These principles are: “law does not deteriorate at all; there is a presumption of innocence; the punishment with doubt is invalid; and God may not punish human without notification or warning through Prophets”. The transcendental ideology for just adjudication has been justified by the Act of Judicial Power which requires the judge to explore, to follow and to understand the justice values advocated and developed within the community (spirituality) and also the unwritten laws (religion). The universality of the transcendental ideology for just adjudication in Indonesia, according to Islamic, is deriving from the attributes of God (al-hakam, al-adel, al-hakim) and also from the signification of universality of al’adl, al-qist and wasat.