Process

After the application of Mediation accepted by BAPMI, the settlement process of dispute starts with an effort towards a direct renegotiation between the parties, without Mediator, within a period of 14 workdays at the longest. BAPMI's rules on Mediation give the parties a second chance to renegotiate the dispute to ensure that the parties cannot solve their dispute without Mediator.

The parties sign the settlement agreement and revoke the application of Mediation if they reach a solution by the said renegotiation, or otherwise, if they do not reach any solutions, Mediation process shall continue.

The Mediation takes a period of 14 workdays as of the appointment of Mediator in a forum of hearing closed to the public. The Mediation hearing held in the place determined by BAPMI or any other place that agreed by the parties.

The Mediation process is running in generally as follows:

1. appoint Mediator;
2. preliminary hearing for formulating procedure of Mediation, setting up the timeframe and target of every hearings;
3. hearing for gathering information and problem identification;
4. hearing for exploring what other's perspective, position and interest on the matters;
5. hearing for developing and exploring of any possibility options;
6. hearing for settlement options evaluation;
7. hearing for making the conclusion;
8. final hearing for making a draft of settlement agreement.

There are 2 possibilities outcome form Mediation process:

• a. fails, means that negotiation gets deadlock and the parties did not want to continue the negotiation - if this happened, the parties may refer to litigation or Arbitration to settle the dispute; or
• b. success, means that Mediation process has running well and ends to the settlement agreement signed by the parties.