Arbitration for Conflict Solutions Outside of Court

Arbitration for Conflict Solutions Outside of Court

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Conflict is part of life. "Conflict is a true process to build communication and understanding. It will be big mistakes if we avoid of expect there won’t be no conflict. It’s natural, that human always has  different opinions and interests, "said Prof. Sumardjo, Professor of the Faculty of Human Ecology, Bogor Agricultural University, who was also chairman of the Center for Alternative Dispute Resolution, (CARE) IPB, in Focus Group Discussion (FGD) on conflict, on Thursday, 26 May 2011, at Darmaga Campus. 

Speaker of the Bani Arbitration Center, N. Krisnawenda, said that the dispute can be settled out of court (non litigation) through arbitration. "Arbitration is a way of settlement of a civil disputes outside the civil court based on the arbitration agreement is made in writing by the parties concerned," said Wenda. Arbitration has the advantage, its principal characteristics are: arbitration is a confidential procedure, flexible, the appointment of arbitrators is in the hands of the parties in the dispute, the binding decision of arbitration is final and easy to enforce, process of settlement will relatively fast, the choice of system of law / forum, where parties are able to choose such important elements as the applicable law, language and venue of the arbitration. However,  arbitration also has disadvantages such as the necessity of the establsihment of arbitration agreement, do not  familiar with yurisprudency, the good faith the parties to determine the effectiveness of the implementation of the arbitration, and in certain countries the arbitration is still limited.

In his opening remarks, Vice-Rector for Research and Cooperation of Bogor Agricultural University, Dr. Anas Miftah Fauzi, explained that the aims of the establishment of FGD is to provide information for teaching and research staff of the University  in understanding and resolving disputes, so as to anticipate the occurrence of conflict when they plan to propose  contracts or agreements with parties other. "In addition, by establishing  the FGD, the University is expected to play important  role in resolving disputes particularly in respect of the other party disputes on the research programs," said Dr. Anas. The moderator for this  event was, Dr. Luki Abdullah,  the Dean of the Faculty of Animal Husbandry. (Wied).