Analisis Peran Mediator Dalam Penyelesaian Perkara Perceraian di Pengadilan Agama Tulungagung

Abstract

This study discusses the role of mediators in resolving divorce cases at the Religious Court of Tulungagung. Mediation, as an alternative dispute resolution method, plays a vital role in promoting peaceful settlements without going through litigation. In divorce cases, mediation presents a unique challenge due to the involvement of emotional issues, personal pride, and household disharmony. This research employs a qualitative approach with data collected through interviews, observations, and documentation of the mediation process that took place at the Tulungagung Religious Court in 2023. The findings reveal that mediators play a significant role in facilitating communication between disputing parties. However, the effectiveness of mediation is hindered by factors such as low public legal awareness, limited time, and a lack of commitment from the parties involved. Nevertheless, personal and communicative approaches by mediators have led to several successful peaceful resolutions. Therefore, enhancing mediator competence and increasing public legal education are essential to improving the success rate of mediation in divorce case settlements.