Optimalisasi Mediasi dalam Sengketa Hak Asuh Anak: Upaya Mewujudkan Perlindungan dan Kepentingan Terbaik Anak

Abstract

The mediation process in child custody disputes should be entirely focused on the child’s best interests and well-being, rather than merely serving the interests of one parent. Resolving child custody cases through mediation is an appropriate approach because it allows both parents to jointly determine the best parenting arrangements for the child following a divorce. This study employs a normative legal research method based on library research. The approaches used include the statutory approach and the conceptual approach. Legal data and materials were obtained from various literature sources to examine alternative methods of resolving child custody disputes through mediation. The research findings indicate that mediation in child custody cases can serve as an effective and constructive solution for resolving disputes between the parties. Resolving disputes through the courts requires time and results in a final decision of winner and loser. In contrast, resolving these disputes through mediation is more persuasive, taking place in a peaceful atmosphere free from pressure from other parties or even from existing regulations. This is what makes mediation produce rational, rather than emotional, decisions. Emotional decisions create a one-sided victory, while rational decisions bring about a win-win outcome. Mediation prioritizes the interests of the parties, particularly the best interests of the child.