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Electronic Mediation in Courts

Regulation of the Supreme Court No. 3 of 2022 on Electronic Mediation in Courts

Enforcement Date: 30 May 2022

  • Mediation that is conducted through electronic means (“E-Mediation”) can only be initiated if there is mutual agreement between the disputing parties (“Parties”). If such an agreement is reached, then the judges presiding over the dispute will provide an E-Mediation approval form to the Parties to be signed and submitted to the substitute clerk.
  • After the submission of an E-Mediation approval form to the clerk, several additional administrative actions must be undertaken by the Parties, specifically: 1) Appointment of mediator; 2) Verification of identities; 3) Determination of E-Mediation application; and 4) Submission of E-Mediation case resume.
  • After the administration phase of the E-Mediation procedure has been completed, the Parties should then hold an E-Mediation meeting within the application’s virtual rooms, as agreed by the parties. The costs associated with this process should be borne by the Parties concerned.
  • Based on the above-described E-Mediation meetings, mediators should deliver a statement outlining the results (and the success or failure) of the E-Mediation process to the panel of judges electronically through the court’s information system.
  • More information on this regulation is provided in Hukumonline’s publication titled “MA Introduces Procedures for the Implementation of Electronic Mediation in Courts,” as accessible to Hukumonline’s subscribers. For more details on the subscription, please contact Hukumonline’s team at marketing@hukumonline.com.

*This section is provided in collaboration with HukumOnline

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