Efektivitas Mediasi dalam Meminimalisir Sengketa Hibah

Abstract

This study aims to analyze the effectiveness of mediation in minimizing gift disputes at the Religious Court of Jember Regency. Gift disputes often arise due to differences in interpretation or disagreements between the donor and the recipient regarding the terms or purpose of the gift. Mediation, as an alternative dispute resolution method, serves to create a solution that benefits all parties without the need for a lengthy and costly litigation process. This research uses a qualitative approach with a case study method, where data is collected through interviews with judges, mediators, and parties involved in gift disputes at the Religious Court of Jember Regency. The results show that mediation has proven effective in reducing the number of gift cases that proceed to trial, by creating mutually beneficial agreements for the disputing parties. However, the effectiveness of mediation is also influenced by the willingness of the disputing parties to cooperate, the quality of the mediator, and the legal understanding related to gifts. Therefore, enhancing mediator capacity and providing legal education to the public can be crucial factors in improving the effectiveness of mediation at the Religious Court. This research contributes to strengthening the understanding of the importance of mediation as a dispute resolution instrument at the religious court level.