EFEKTIVITAS PERANAN HAKIM MEDIATOR DALAM PENYELESAIAN SENGKETA PERDATA DI PENGADILAN NEGERI MALANG

Mediation is an alternative dispute resolution mechanism conducted outside the court, involving disputing parties and a neutral third-party mediator whose role is to reconcile and seek solutions. Despite being regulated under Supreme Court Regulation No. 1 of 2016, the success rate of mediation remains very low. Therefore, the aim of this study is to assess the effectiveness of judges as mediators during the mediation process in court. This research is classified as empirical legal research, employing field research methods and an empirical approach. The primary data source consists of direct interviews with judges serving as mediators at the Malang District Court, while secondary data includes literature from official documents, books, journals, theses, articles, and official websites.
The analysis method used is a legal analysis employing descriptive techniques. This study utilizes the effectiveness theory proposed by Soerjono Soekanto, which emphasizes five factors: the law itself, law enforcement, supporting facilities, society, and culture. The findings indicate that mediation implementation has not been effective due to various obstacles. The study concludes that the effectiveness of mediation at the Malang District Court needs improvement through training for mediators and strengthening the goodwill of the disputing parties.