is the preparation and presentation of each case, including providing comprehensive information as well as the process and cooperation to identify problems and avoid unexpected problems. Whereas litigation is the resolution of legal issues through the courts.
Generally, the conduct of a lawsuit is called litigation. A lawsuit is a civil action brought in a court of law where the plaintiff, the party claiming to have suffered a loss as a result of the defendant’s actions, demands legal or just remedies. The defendant is required to respond to the plaintiff’s complaint. If the plaintiff is successful, judgments will be given in support of the plaintiff, and various court orders may be issued to enforce rights, damage awards, or enforce temporary or permanent orders to prevent or force action. People who have a tendency for litigation rather than seeking non-judicial solutions are called aware of the law.
Non-litigation means resolving legal matters outside the court. This non-litigation path is known as Alternative Dispute Resolution.
Settlement of cases outside the court is recognized in the legislation in Indonesia. First, in the elucidation of Article 3 of Law Number 14 of 1970 concerning the Basic Provisions of Judicial Power it states “Settlement of cases outside the court, on the basis of peace or through referees (arbitase) is still permissible”. Secondly, in Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution Article 1 number 10 stated “Alternative Dispute Resolution is an agency for dispute resolution or dissent through a procedure agreed by the parties, namely out-of-court settlement by consultation , negotiation, mediation, or expert judgment. “Consultation is an action that is personal between a party (client) and another party who is a consultant, who provides his opinion or advice to the client to meet the needs and needs of the client. The consultant only gives an opinion (legal) as requested by his client, and then the decision regarding the resolution of the dispute will be taken by the parties.
Negotiation, settlement of disputes through deliberation / direct negotiation between the parties to the conflict with the intention of finding and finding forms of settlement that can be accepted by the parties. The agreement regarding the settlement must then be set forth in written form agreed by the parties.
Mediation, is the settlement of disputes through negotiations, assisted by an impartial external party in order to obtain a dispute resolution agreed upon by the parties.
Read too : Definition of Litigation
Conciliation, Consiliation in English means peace, settlement of disputes through negotiations involving a neutral third party (concisliator) to assist the parties in finding the form of settlement agreed by the parties. The results of this conciliation must be made in writing and jointly signed by the parties to the dispute, then it must be registered at the District Court. This written agreement is final and binding on the parties.
Expert opinion, efforts to resolve disputes by appointing experts to give their opinions on disputed issues to obtain an objective view.
Non-litigation is a non-litigation or compromise attempt to find a mutually beneficial solution. The presence of a neutral third party is not to decide a dispute, but rather the parties themselves who make the final decision.
Source: https://komisiinformasi.bantenprov.go.id/read/arsip-artikel/86/Difference-Litigation- and Non-Litigation.html#.XWM9pugzbIU