Mediation Arrangements as Outof-Court Business Dispute Resolution Institutions in Timor-Leste

Duarte Tilman Soares, SH., MH.
*Candidate Docotr of Philosophy Law Science,, Udayana University, Indonesia
Lecturer UNPAZ, Dili, Timor-Leste
Constotuional Court, Timor-Leste

ABSTRACT
This research aims to analyse and explain Mediation Arrangements as Outof-Court Business Dispute Resolution Institutions in Timor-Leste as well as to analyse and describe special arrangements related to mechanisms or procedures for conducting mediation in resolving business disputes outside of court. Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, using especially article 6 paragraphs 3 and 4, only regulates that civil disputes can be resolved by the parties by requesting the assistance of expert advisors or mediators who uphold confidentiality to resolve them within the specified time and report return the results of the mediation to the court to determine whether the dispute resolution process will continue or not. Even though Perma 1/2016 has regulated mediation mechanisms, the Perma has a limited scope, only applies to the realm of the Supreme Court and structurally, the Perma is not at the same level as the Law so that seen from the existing regulations there is still a vacuum in norms, because they have not been regulated in the Law -Law No. 30 of 1999, concerning the definition and procedures of mediation as well as the legal force of the results of the mediation carried out so that it becomes an obstacle in carrying out execution. The problems raised in this research are: 1) What is the urgency of regulating mediation as an institution for resolving business disputes outside of court in the form of law? 2) What is the concept of mediation arrangements as an institution for resolving business disputes outside of court for Timor-Leste?


Key Words: Arrangement, Mediation, Business Dispute