Relevansi pemahaman psikologi keluarga terhadap keberhasilan mediasi perkara perceraian di Pengadilan Agama

Latifah, Rida Syifa (2025) Relevansi pemahaman psikologi keluarga terhadap keberhasilan mediasi perkara perceraian di Pengadilan Agama. Al- Mizan: Jurnal Hukum Islam dan Ekonomi Syariah, Vol.12 (No.2). pp. 497-516. ISSN 2963-7368

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Abstract

The high divorce rate in Indonesia demonstrates the need for a more effective dispute resolution mechanism. Mediation is an important instrument in dispute resolution. However, the success rate of mediation in divorce cases is still relatively low, thus creating various challenges in its implementation. This study aims to contextually analyze family dynamics by examining the psychological factors underlying conflict. This research is a field research using an empirical juridical approach. Data were obtained from interviews with two Supreme Court-certified mediators as well as documentation and supporting literature studies. The results show that the success of mediation is not solely determined by normative aspects; rather, the mediator's understanding of family psychology has a significant impact on mediation success. Communication techniques such as pacing, mirroring, reframing, and the use of caucuses can help mediators create communicative communication patterns and identify the roots of conflict within family systems. However, studies on the application of a family psychology approach in managing family conflict dynamics in mediation practice are still very limited and only focus on legal psychology. The contribution of this research lies in the use of understanding family psychology in the realm of mediation by managing the dynamics of conflict and family relationships in supporting the success of divorce mediation.

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