The Impact of Business Conflicts on North American Trade Relations

Mediation's viability is dependent on this aspect. This report is not a breach of mediation confidentially; rather, it establishes accountability and serves as a foundation for subsequent action if necessary (Wicaksono, 2021). Reports on parties not behaving in good faith may include actions or behaviors that are harmful to the mediation process, such as noncompliance with mediation rules or an unwillingness to participate constructively (Sari, 2019; Matsui-Santana et al., 2023). Although mediation stresses the freedom and autonomy of disputing parties, the presence of such reports guarantees that each party is held accountable for their role in reaching an agreement. Reporting the outcomes of mediation to the Case Examiner Judge does not violate the confidentiality principle of mediation (Kazmi, 2022). The judge's duty in this situation is to ensure that the mediation process adheres to the law and court policies. The court has the authority to guarantee that the mediation process does not break established legal restrictions, so preserving the integrity and long-term viability of dispute resolution through mediation (Rule, 2020; Devi et al., 2022). The presence of the Case Examiner Judge can also provide legal assurance about the outcome of mediation. Involving a judge in the mediation process improves interaction with the larger legal framework and ensures adherence to current legal standards and norms (Entriani, 2017; Niagara & Hidayat, 2020). 

Mediation meetings held via remote audio-visual communication are an important

 

step toward improving the accessibility and smoothness of the mediation process. Technological improvements make it possible to involve disputing parties without requiring their physical presence in a specific location. Audio-visual communication tools enable participants to see and hear each other immediately, providing an experience akin to in-person meetings. This not only helps to maintain the human and personal components of communication, but also overcomes geographical limits and allows all contending parties to participate fully (Maknun & Rani, 2020; Situmorang, 2019). Remote meetings can provide more flexibility, allowing attendees to engage from a place that is convenient for them. Gmurzyńska (2021) suggests that removing geographical or logistical barriers can improve mediation efficiency and facilitate its completion. The mediation process is a collaborative effort requiring all parties to act in good faith. Good faith is the essential underpinning for mediation's success in establishing a fair and long-term resolution. However, in other cases, one or more parties are found to be acting in bad faith, necessitating the mediator's intervention (Noone & Ojelabi, 2020; Shafqat et al., 2022). Good faith is an important idea in mediation, implying a willingness to actively participate, be open to discourse, and have a genuine desire to find an agreement that benefits all parties. When parties or their legal representatives join the mediation process with good faith, they foster a conducive climate for finding common ground (Wicaksono, 2021). It is the mediator's obligation to identify situations in which one of the parties' good faith is deemed unfulfilled. Several criteria can be used to determine whether good faith is not satisfied, including inexplicable absenteeism, disruptive recurrent absences, failure to react to the case summary, and unwillingness to sign a peace agreement (Nurafifah & Marpaung, 2022). 

Assessing good or poor faith is an extremely sensitive component of a mediator's job

A mediator's obligations include treating each side with respect and objectivity while avoiding harsh judgments. A mediator can assess good faith by issuing fair summons, examining reasons for absence, taking a collaborative approach, and considering potential reconciliation (Syafrida & Hartati, 2021). Mediators must ensure that their decisions are founded on solid facts and evidence, not preconceptions or biases. If a mediator determines that one party is not acting in good faith, the repercussions may vary depending on the mediation's norms and procedures (Rule, 2020; Afiyati et al., 2022). A mediator can clarify expectations, use an instructional method, terminate mediation, or report to the appropriate authorities (Baimukhametova et al., 2023). When good faith is in doubt, a mediator must be fair and neutral. Clarifying expectations may entail engaging in open communication with the opposing parties to better understand their motivations and aims (Sari, 2019). An educational approach can be utilized to increase understanding of the significance of good faith in the mediation process. If one party's noncompliance or unwillingness makes it difficult to reach a fair agreement, mediation can be terminated. Reporting to the appropriate authorities may entail contacting institutions or authorities monitoring or overseeing mediation, who may take extra steps in accordance with applicable legal norms (Adiyatmika et al., 2020). The research approach used in this work is normative legal research

often known as library legal research. Normative legal research is a technique 

that focuses on the investigation of legal ideas and norms written in literary materials such as Miami| v.12, no. 1| pages: 01-16| e03101 |2024. Journal of Law and Sustainable Development H. Jayadi, H. Hasibuan, K. Kuntadi, and H. Susanto (2024). Analysis of The Efficiency of Mediation Methods in Conflict Resolution 7 as laws, court decisions, legal literature, and other legal documents. In the framework of normative legal study, literature or library resources are the key data sources. This material is considered secondary since it is pre-existing information created by others. The analysis is carried out by describing and comprehending the legal features contained in these documents. Normative legal research provides various benefits, including a thorough understanding of applicable legal norms, recognizing the evolution and changes in the law over time, and setting the groundwork for developing powerful legal arguments. However, this strategy has shortcomings, including a lack of practical context and awareness of how the legislation is implemented in the field. In this study, the researcher will investigate, evaluate, and present material from legal sources to build an understanding and interpretation of a certain legal topic or issue. 

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