Glossary of ADR (Alternative Dispute Resolution) are relatively new in Indonesia, but the actual settlement of the dispute-settlement of the consensus has long done by the community, which essentially emphasizes consensus agreement on the effort, family, peace, and so forth. ADR has a special attraction in Indonesia because harmony with the traditional social system based on cultural consensus agreement.
Accordingly, the term ADR need meaning sought in Indonesia. These are some of the terms for ADR, including: options of dispute resolution (PPS), Dispute Settlement Mechanism Alternative (MAPS), Dispute Settlement Options in foreign courts, and dispute settlement mechanisms are cooperative.
To get an overview about what''s called ADR, Applebey George, in his writings "An Overview of Alternative Dispute Resolution" that the first ADR is an experiment to search for models:
a. New models in the settlement of disputes
b. -Implementation of the implementation of new methods for old
c. Forums for dispute resolution penylesian
d. The emphasis of the education law.
The above definition is very broad and too academic. Definition of other, more narrow and academic raised by Philip D. Bostwick said that the ADR is a set of practices and techniques of law that is intended to:
a. Possible legal disputes outside the court diselesaiakan for the benefit of the parties or the good of the dispute
b. Reduce the cost or delays if the dispute is solved through conventional litigation
c. Prevent disputes in the law does not take it to court
Thus, ADR is a voluntary will of the parties concerned to settle their disputes outside the court, in a sense outside the conventional mechanisms ajudikasi standard. Thus, although still in the scope or very closely with the court, but the use ajudikasi non-standard procedure, the mechanism is still the ADR.
In Chapter I General Law. 30 1999, Article 1 grain 10, mentioned that the ADR is an institution for dispute resolution or through a different opinion that the procedure agreed by the parties, ie, a settlement out of court with the consultation, negotiation, mediation, consolidation, or the assessment of experts.
In practice, in fact ADR can be defined as Alternative to litigation or alternative to adjudication. Alternative to litigation means that all the mechanisms for dispute resolution outside the court, so in this case including the arbitration of ADR. While Alternative means to adjudication a dispute resolution mechanism that is cooperative or consensus, not through the procedures of the claim to the three authorities to take decisions. Including ADR is part of the consultation, negotiation, mediation, conciliation, and the opinion of experts, while not including arbitration ADR. In the United States alone, defined as ADR alternative to adjudication, because the output of the process adjudikasi general form of win-lose solution (win-lose), when the desired parties dispute is wini-win solution or mutual acceptable solution.
The existence of the ADR is intended primarily for the achievement of greater efficiency, particularly to reduce the cost and delay and produce a satisfactory settlement of disputes between the parties.