Oleh :
	Aisyah Kahar, S.H.

THE INFLUENCE OF HUMAN CHARACTER ON MEDIATION IN FAMILY LAW

By: Aisyah Kahar, S.H.

I. Introduction

Family law mediation has a unique approach to overcoming disputes, often involving emotional and psychological problems. Issues like divorce, child custody, and asset distribution can have a big impact on all parties involved. Therefore, to create a safe and neutral environment, we need mediation. In this environment, both parties can express their concerns and collaborate toward a resolution that is advantageous for all.[1]

Given the heightened emotional stakes in family law cases, the character traits of the disputing parties can either support or disrupt the mediation process. Individuals who demonstrate cooperative characteristics such as empathy, humility, and a readiness to compromise are far more likely to find common ground and reach an agreement. Individuals who display stubbornness, arrogance, or a refusal to listen can quickly derail the mediation process. Obstacles in finding a foundation can often cause communication issues. When one or both individuals have an opinion that is difficult to consider the perspective of others, the opportunity to achieve a resolution will decrease.[2]

Mediation creates a well-organised and nurturing environment for resolving conflicts, but the personalities of the participants often determine its effectiveness. Positive characteristics like emotional intelligence and empathy facilitate constructive dialogue, enabling both parties to feel acknowledged and understood. Such traits help cultivate a setting where resolution seems achievable. Conversely, negative traits—especially rigidity and hostility—serve as obstacles, hindering progress and nurturing bitterness.[3]

                       In this paper, I will argue that human character influences mediation in family law. In the second chapter, I will discuss the kinds of characters. In the third chapter, I will discuss knowing human character in online and offline mediation. In the fourth chapter, I will discuss the case study and the comparison between Australia and Indonesia.

II. Human Character Traits

The success of mediation depends on the capacity of the parties to communicate, participate, and stay open to finding solutions. In psychological theory, the human character is regularly categorised into four personalities: sanguine, melancholic, phlegmatic, and choleric. Independently, personalities disclose unique characteristics and traits that can either encourage or ruin the mediation process, forming the behaviour and decision-making of people included in conflict resolution.[4]

A. Sanguinis

         A sanguine is a person with blood dominance, or amusingness hopeful, considered to appear characteristics such as socialisation, positive thinking, and living identity. One of the optimistic personality characteristics is socialisation.[5] Optimistic individuals are generally oriented to socialisation, developing in the environment with interaction and communication. In the mediation of family law, effective communication between all parties is important, the friendly attitude of an optimistic person can open a dialogue line. Optimistic people tend to be warm and attractive, so they can easily establish relationships with others. This may help decrease pressure in legal conflict. They can tune in, appear sympathetic, and create a positive atmosphere, all of which can support the mediation process.[6]

Another characteristic of optimistic people may be a positive view of life. They accept that everything will conclude well, and this mentality may help discover a satisfying solution for all parties. In this way, the environment may be changed by moving blame away from each other and focusing on solving the issue and moving forward. Others may be encouraged by their confidence to lock in a more constructive way and focus on the objectives to be accomplished.[7]

Regardless of that, Sanguine people are hopeful and know they can also be spontaneous. While in a mediation process, it is important to think carefully and consider the long-term results. Occasionally, individuals are optimistic and believe they can surge into favouring something fair to maintain a positive environment or avoid disagreement. The desire to resolve a problem quickly could lead them to make concessions they may regret.[8]

Because of their companionable and lively personalities, they tend to be more present-focused than long-term planners. When circumstances emerge in family law mediation that calls for close attention to detail, like the financial division of a divorce settlement or the long-term effects of legal difficulties, it may become problematic.

But Sanguinis’s impetuous character could make mediation difficult. They may make snap decisions because of their haste and desire to keep things harmonious. They might regret their impetuous mindset since they did not fully think through the consequences.

B. Melancholy

Many people view melancholy as prudent, cautious, and equitable. People who are melancholic approach discussions and disagreements with a strong feeling of duty, seeking to find a just solution. But Melancholy's perfection and sensitivity can cause problems during mediation, particularly in high-stress and emotionally charged circumstances like family law.[9]

People with a melancholic temperament are analytical and logical. They can resist emotional reactions and pay more attention to facts and data, which helps them make rational decisions. In family law cases, the present analytical nature often acts as a counterweight. It can encourage a fair and balanced resolution so that the mediation process remains focused on the facts and not only influenced by emotions or impulsive reactions.[10]

They are also focused on fairness, making them good advocates for reasonable results in mediation. They attempt to guarantee that all parties are treated decently, thus making an agreement that meets the needs of each other. Melancholics do not acknowledge shallow or hasty solutions, and they guarantee that the solutions are both lawful and ethical.[11]

On the other hand, some challenges might be accepted in the mediation process. They often have high desires for each other and others, making it more difficult to admit solutions that do not meet their expectations. The perfectionism can weaken the process since they may be doubtful to acknowledge solutions that they think are less than perfect.[12]

Additionally, melancholic people tend to focus mostly on past injustices. Because they value fairness, they can be trapped in the mistakes felt by other parties. The present focus on grievances can hinder the process of mediation as they may find it difficult to move towards future resolutions.[13]

People with melancholic temperaments bring much strength and challenge to mediation. Their introspective and analytical ensure that all aspects of a conflict are considered, which is invaluable in family law matters. Their commitment to justice helps them find fair solutions.

C. Phlegmatic

Phlegmatics are generally peace-seeking cooperative and dislike confrontation, making them well-suited to situations that require discussion. Phlegmatic can remain calm even in emotional situations, which is very helpful in family law cases where emotions can get in the way of communication. Phlegmatic in maintaining peace helps in the mediation process focused on problem-solving rather than disagreement.[14]

Phlegmatic’s cooperative and patient nature makes them perfect for mediation, wherein the most objective is to attain an understanding that all parties acknowledge. Their willingness to tune in to the concerns of others makes a harmonious communication. In family law, people may stay to their opinion, appear calm tolerance, and be open to diverse perspectives to discover similarities due to emotional perspective. These characteristics, moreover, decrease tension and provide a sense of security during the mediation process.[15]

Meanwhile, phlegmatic people are often reluctant to make choices or decisive action, specifically when they need a clear arrangement. Their behaviour in keeping the circumstances could moderate the mediation process as they might stand up to change or be hesitant to agree to significant compromises. The mediators should be mindful of the present behaviour and energise phlegmatic people to effectively take part, ensuring that their opinions are listened to instead of essentially agreeing to keep the peace.[16]

D. Choleric

Choleric people are known for their authority, assurance, and confidence in achieving their objectives. Choleric people often have complex emotional tensions and conflicts; their angry temperament can influence the mediation process, both positively and negatively.[17]

Choleric people in the mediation process are strong and capable of action. They generally know what they want and are motivated to find a quick solution. Their positive attitude maintains the mediation process, keeping it going. Their capacity to make decisions and discover practical solutions may help momentum so that both parties can reach an agreement rapidly.[18]

Additionally, Choleric people tend to be confident and decided. They are not afraid to battle for their interests and tend to be emphatic at vital focuses during negotiations. The assertiveness guarantees that their needs and concerns are considered during the mediation process, making them less likely to acknowledge the agreements that do not secure their interests and future well-being. In family law matters, the present characteristics make a difference and guarantee that vital issues are not ignored or dismissed as insignificant.[19]

Choleric temperament may cause challenges in mediation. Choleric people tend to be dominant and occasionally over-controlling, which can create an imbalance in the process. Their persistent attitude may overwhelm the discussion, making other parties feel avoided or unheard. This may interfere with good communication and increase conflict if other parties feel frustrated or unable to express their concerns. The mediator needs to manage the present situation well so that the parties may have an equal vote in the negotiation.

III. Knowing the human character in the mediation process

A. In-Person Mediation

In-person mediation in family law, including divorce, child guardianship, and property divisions, is strongly influenced by the characters or personalities of the participants.[20]

Optimistic individuals, for their sociable and enthusiastic nature, might bring a positive and open atmosphere into the mediation process, creating a productive environment. However, their emotions and enthusiasm can sometimes get in the way of the discussion, so the mediator needs to balance the present energy by focusing on the main issue.[21]

On the other hand, melancholy people excel in a detailed and methodical approach. Their methodical nature is useful in analysing complex conflicts in-depth, although their perfectionist tendencies and emotional sensitivity can make it difficult for them to agree to compromise. The mediators should allow melancholy participants enough time to process information and manage their concerns so that they do not feel overwhelmed by the desire to reach an ideal solution.[22]

Phlegmatic people are calm and cooperative and may create a stable and harmonious environment during mediation. Their capacity to avoid disagreement and their desire to maintain peace often help make a cooperative environment. In any case, their hesitance to stand up can lead them to agree on terms that are not to their advantage fair to avoid conflict. The mediators should encourage phlegmatic participants to communicate their needs and guarantee that their eagerness to compromise does not lead to unfair outcomes.[23]

Cholerics are known for their toughness and assertiveness. These people may encourage mediation with a specific objective of achieving results. Their confidence and goal-oriented approach help them find practical solutions effectively. However, their dominating nature and impatience can cause them to ignore the needs of other participants, which can cause the negotiations to become unbalanced. The mediators must counteract the tendency of Choleric participants to gain the upper hand by ensuring that all parties have an equal opportunity to express their opinions during the discussion.[24]

In active listening, the mediators focus fully on the concerns of the participants. It helps pick up on nonverbal things and emotions that are often clearer in a face-to-face meeting. This activity makes a difference and guarantees all parties, including the quitter ones, feel more regarded and valued. Managing emotions by acknowledging and validating participants' feelings may also help maintain a balanced and constructive atmosphere.
      “Reframing” is another strategy in which the mediators present disagreements more positively, encouraging participants to see the conflict as an opportunity for mutual benefit. This is helpful for personality types such as choleric or melancholic people who may have difficulty adjusting or compromising. Face-to-face mediation allows the mediators to understand emotional and behavioural cues, and strategies such as active listening and reframing are well-suited to encouraging compromise and cooperation.[25]

In my opinion, sanguine people, who are sociable and enthusiastic by nature, may create a positive and open atmosphere. However, their emotional expressiveness and tendency to be easily distracted affect the focus of the discussions, requiring the mediators to balance their energy. Melancholics are detail-oriented and fair-minded, which helps them manage complex conflicts. However, their perfectionism and emotional sensitivity may make it difficult for them to receive compromise. The mediators must give them enough time to process the information. Phlegmatic people with a calm and cooperative nature create a harmonious atmosphere. However, their reluctance to confront may lead them to agree to less-than-ideal demands simply to avoid conflict. The mediators must encourage them to convey their needs. Meanwhile, Choleric individuals, with their assertiveness and clarity, can encourage an advanced mediation process. However, their dominating and impatient nature may ignore the needs of other participants, so the mediators need to ensure that all parties have an equal opportunity to express their views.

B. Online Mediation

Online mediation, which is increasingly popular in family law, brings unique challenges and opportunities that are influenced by the character of the participants. In contrast to direct mediation, where people meet face to face, online mediation uses a digital platform, which can change the way interaction takes place. For Sanguine people, who are usually cheerful and friendly, it will be a good and challenging experience.[26]

Melancholics people face special challenges in online mediation because of limited communication methods. The detailed and analytical approach may be hampered by the loss of nuances in virtual communication, and technical issues may interfere with discussion. Providing a clear agenda may help people understand the process better, making sure their needs for fairness and justice are met even in an online format.[27]

Phlegmatic people might feel online mediation differently as they are usually calm and cooperative. They tend to keep things peaceful and avoid arguments, which can be easier with long-distance formats, reducing the intensity of confrontation. But, their passive nature might be more obvious online, that they cannot meet in person. The mediators should help phlegmatic people feel comfortable sharing their opinions, concerns, and needs. It could be giving clear direction or chances to provide any input.[28]

Known for their clarity and toughness, clerics may profit from online mediation but may also encounter difficulties.

Their propensity to promote dialogue and concentrate on outcomes can be helpful in online environments where efficient communication is crucial. But in virtual environments, where there is less opportunity for face-to-face communication, their domineering tendencies might be more apparent. This might enable them to dismiss the worries of others. The mediator needs to ensure that all parties can speak and provide private areas for personal discussions so that the dialogue remains balanced and respectful.[29]

The online mediation environment also has unique issues related to communication and technology. In face-to-face meetings, we may use gestures and body language to understand each other better. But, in online mediation, verbal communication is the main communication. Misunderstandings may result from this, particularly for those who previously only relied on visual cues to understand the conversation. The initiative needs to be taken by the mediator to clarify communication by providing visual aids or sharing screens and by confirming issues and understanding. Technical issues such as poor connections or issues with the platform can impact the process, so the mediators should have a backup plan and ensure that everyone is comfortable with the technology being used.[30] For example, in a mediation session where two parties are negotiating a financial settlement, mediators in face-to-face mediation may capture non-verbal cues such as facial expressions or body language that provide additional information about the feelings of each party. However, in online mediation, it is easy to lose the signal, which makes misunderstanding more likely.

Online mediation presents various challenges and opportunities, and these are influenced by the characteristics of the participants. People who are positive, friendly, and enthusiastic can make online mediation more exciting and engaging. However, their ability to express themselves can be affected by online disturbances, like a lack of non-verbal cues and technical issues. The mediators should help these participants stay focused and use virtual tools to communicate clearly. Meanwhile, melancholy individuals, detailed and analytical, might find it hard to use online mediation because they lose important parts of communication and might face potential technical issues.

IV. The relationship between the parties' characters and the mediation process in family law cases

A. Mediation Case

The Thompson case involved a dispute regarding custody between Lisa and Michael, who had been divorced after marriage for a long time. They have two children aged 8 and 10 years.[31] The relationship between Lisa and Michael is very difficult, with each of them having a different and strong view of custody and visits. Lisa felt very depressed, while Michael was angry and defensive, so they were difficult to communicate.[32]

Lisa and Michael were involved in a serious conflict regarding their children's custody. Lisa struggled with strong emotions, such as anxiety and anger, which made it difficult to participate well in the mediation session. His feelings prevent him from expressing his needs clearly and finding solutions together. Michael, on the other hand, was characterised by defensiveness and a confrontational stance. His inability to acknowledge Lisa’s perspective and his tendency to react with hostility further complicated the mediation process. This combination of high emotional volatility and confrontational behaviour created a challenging environment for mediation, often resulting in unproductive discussions and escalating conflicts.[33]

The emotional pressure experienced by Lisa, which is demonstrated by anxiety and anger, is under her melancholy nature, especially in terms of emotional sensitivity and her tendency to feel overwhelmed in a stressful situation. The difficulty in expressing needs and cooperating well shows that people with a melancholy nature often have difficulty in mediation when emotions increase. Their focus on justice and issues that have occurred can prevent them from finding solutions. The mediator’s individual or private sessions helped Lisa manage these traits by providing a space for emotional expression and maintaining clearer communication. It is related to the theoretical need to make sure that melancholic individuals are given enough time to process emotions and get clarity before joint mediation, where the risk of emotional increase is higher.
            Michael's defensiveness and confrontational behaviour are choleric traits. Choleric individuals are often assertive and results-driven, but their dominance and tendency to react with hostility can overpower the needs of others, creating conflict rather than cooperation. His inability to acknowledge Lisa’s perspective and tendency toward confrontation highlights the negative impact that assertive, dominant characters can have on mediation, especially when emotional volatility is involved. The mediator’s approach encouraged Michael to reflect on his behaviour and become more open to Lisa’s perspective, a key part of the theoretical approach to managing strong personalities in mediation. Through these issues privately, Michael became less reactive and more willing to compromise during joint sessions.

The transition back to joint mediation sessions, following the individual meetings, marked a significant turning point in the case. With improved emotional regulation and a better understanding of each other’s perspectives, Lisa and Michael were able to engage in more productive dialogue. The role of the mediator is very important in this process because they use various techniques to manage conflicts and help discussions reach mutual agreement. The mediator’s skills in relieving tension and encouraging good communication helped Lisa and Michael overcome their disputes more effectively. The result of this approach is the arrangement of custody that pays attention to the interests of both parents while prioritising the welfare of their children.[34]

The final agreement includes setting custody with a clear visit schedule so that both parents can still be actively involved in the lives of their children. In addition, this agreement also includes provisions for sustainable communication and support, such as routine checks with family consultants to deal with issues that might arise in the future.

B. Comparison of Application of Family Law Mediation in Indonesia and Australia

In Australia, mediation in family law is regulated by the 1997 Family Court Law, which requires the parties to try to resolve the Family Dispute (FDR) before applying to the court for childcare. Family Courts and Federal Circuit Courts usually conduct mediation through accredited FDR practitioners.[35] Mediation in Australia is generally structured and focuses on achieving a mutually beneficial solution by prioritising the best interests of children.[36]

         The practice of mediation in Australia is influenced by the culture of individual rights and the problem-solving approach together. Mediation in Australia is more focused on solutions to create a sustainable agreement that reflects the interests of children and family dynamics.[37]

The mediation process usually involves several structured steps. The parties are required to attend the initial FDR session, where they work with the mediators to discuss and solve their issues. A mediator is a trained professional who uses certain techniques to help communication and negotiations. This process is designed to be confidential and not binding to reach an agreement that can be used as a legal agreement if needed. Mediation in Australia also often includes provisions for sustainable support and review to overcome the issues that arise in the future.[38]

Mediation in Australia is effective in handling family problems. Structured approaches, professional training, and focus on the best interests of children all contribute to the best results. However, emphasis on legal aspects can decrease the flexibility of mediation in dealing with cultural or personal problems.[39]

Australia has successfully integrated mediation into its family law system, particularly through the introduction of Family Dispute Resolution (‘FDR’), as mandated under the Family Law Act 1975 (Cth).[40] FDR is now a compulsory step in most parenting disputes, requiring mediation before court proceedings can be initiated.[41] A key success factor has been the availability of well-trained mediators through institutions like Family Relationship Centres, which play a crucial role in ensuring that mediation is conducted effectively and leads to sustainable, amicable outcomes for all parties involved.[42] Federal Circuit and Family Court of Australia in 2020-2021 has reported that 70% of parenting disputes that enter into mediation in Australia are resolved without requiring litigation, demonstrating the effectiveness of this approach in minimising court involvement and reducing court workloads. [43]

        In contrast, Indonesia’s family law system struggles to implement mediation effectively, despite the legal recognition of ADR mechanisms under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution and Supreme Court Regulation No. 1 of 2016 on Mediation Procedures in Courts. Recent data shows an increase in mediation success rates, with mediation success in district courts rising by 9.05% and in religious courts by 40.66% from the previous year.[44] However, despite these improvements, the overall success rates—3.36% for district courts and 39.85% for religious courts—remain low, and 22,792 cases (21.81%) could not proceed to mediation due to the limitations of Article 32(2) of Supreme Court Regulation No. 1 of 2016.[45]

In Indonesia, mediation is often viewed as a mere formality or prerequisite that parties must fulfil before advancing to litigation, rather than a genuine opportunity to resolve disputes.[46] As a result, mediation is frequently not taken seriously by disputants, who enter the process with the intent to escalate their cases to court. This attitude has overloaded the courts. For instance, in 2018, the Tangerang District Court reported that only 1% of cases were resolved through mediation, reflecting a cultural preference for settling disputes through formal civil procedural law instead of alternative dispute resolution methods.[47]

        Indonesia’s pluralistic legal system, which incorporates civil law, Islamic law, and customary (adat) law, adds complexity to the integration of mediation in family matters.[48] Family law for Muslim citizens is governed by a Compilation of Islamic Law (Kompilasi Hukum Islam), which addresses marriage, divorce, and inheritance.[49] Although Islamic principles encourage mediation, the legal framework and societal practices in Indonesia do not consistently align with these principles. Cultural perceptions of mediation as subordinate to litigation and the lack of sufficient institutional support, particularly in rural areas, further hinder its widespread adoption.[50]

Mediation in Indonesia in family legal cases is not as formal as in Australia. Mediation is recommended but not an obligation before the case is taken to litigation. In the Religious Courts, which are only for Muslims, mediation is also a part of dispute resolution that must be taken before the litigation, although the implementation varies greatly.[51]

The importance of maintaining family harmony and respecting family structure is emphasised by the Indonesian culture. The mediation is usually more informal, focusing on reconciliation and mutual understanding, not on strict legal results. Reflecting cultural and religious norms, the involvement of local figures or religious leaders can affect the mediation.[52]

Mediation can be very effective in encouraging reconciliation and maintaining family relations. A more informal and sensitive approach to culture and character is often under community values ​​and helps maintain social harmony. However, variations in mediation practice and the influence of local habits can produce inconsistent results. Lack of formal processes and dependence on traditional or religious methods can also lead to challenges in ensuring justice and dealing with legal issues.[53] The comparison between mediation practices in Australia and Indonesia shows the great influence of culture, character, and law on the mediation process.

V.  Conclusion

               In family law mediation, human character is not only crucial but also helps to define the dynamics and results of the whole process. Every personality type—sanguine, melancholic, phlegmatic, and choleric—brings special advantages and drawbacks that can greatly affect how mediation turns out. Often marked by their positive attitude and sociability, sanguine people can be rather important in promoting honest communication among others. Their passion can foster a welcoming environment that motivates others to openly express their ideas and emotions. This vivid personality, meantime, might have drawbacks as well. Those who are optimistic may battle with impulse and make quick judgements without properly weighing the consequences. Moreover, their inclination to be easily sidetracked can throw off the mediation's flow, therefore challenging one's ability to remain on target and handle the important problems under discussion.
               On the other hand, melancholic people can bring a degree of seriousness and rigidity that would be quite helpful in a mediation environment. Their great attention to detail helps them to spot underlying problems others might miss. Usually motivated by a great sense of justice and fairness, they work to guarantee that all opinions are heard and that results are fair. But sometimes, the perfectionism that goes along with this personality type can also be a double-edged blade. Although aiming for the greatest possible solution is creditable, it can cause delays in development since melancholic people might get mired in the detail of every element, aggravating those who want to advance.

               The phlegmatic temperament adds another dynamic completely. People with this personality type often foster a peaceful and cooperative environment, which may be quite helpful in highly demanding circumstances. Their capacity to keep their cool enables a more productive conversation and helps to diffuse tension. But this same quality can also cause problems; phlegmatic people may be reluctant to make judgements, usually postponing significant decisions to try to avoid conflict. This resistance to assertiveness might cause the mediation process to slow, therefore aggravating more forceful parties.

               Finally, we have the choleric people—those with great decisiveness and assertiveness. Often leading the mediation process, they press for speedy answers and move the dialogue. Particularly in cases when the mediation appears to be stagnant, this proactive approach can be helpful. Their powerful personalities run the danger, though, in dominating conversations and overshadowing the efforts of others. This possibility of generating power imbalances could cause other participants to feel resentful or disempowered, therefore compromising the cooperative attitude that mediation tries to promote.

               Whether mediation takes place online or in person, a good result depends on properly regulating these many qualities. Competent mediators must be able to identify and meet the requirements of every personality type. Mediators must work hard to create a situation whereby everyone feels free to share their ideas and feelings without regard to criticism or reprisals. Particularly to the depth of nonverbal clues, in-person mediation offers clear benefits. Subtle nuances of meaning that could be missed in an internet environment can all be communicated in facial expressions, gestures, and body language. Knowing these indicators will enable mediators to evaluate participants' emotional levels and modify their strategies. Online mediation does, however, offer certain difficulties. Technical problems, including bad connectivity or technological ignorance, can interrupt the flow of communication and cause extra stress for the participants. Furthermore, the diminished emotional involvement, sometimes accompanying virtual encounters, can impede the depth of connection required for good mediation.

               When we focus on the comparison of family law mediation techniques in Australia and Indonesia, it is evident how significantly cultural and legal frameworks could affect the mediation process. Structured mediation is mandated by law in Australia, giving procedural justice a top priority and concentrating on the best interests of the children engaged in conflicts. Australian mediation's methodical approach lets participants see the process, which helps them know what to expect and provides security during maybe sensitive conversations.

               On the other hand, Indonesia sometimes uses more unofficial and culturally sensitive mediation techniques. These customs usually underline the need to maintain family peace and cultural values. It might also lack the uniformity and official framework defining Australian mediation. In both settings, mediators are very important in helping to create agreements that not only meet pragmatic demands but also support the feelings and needs of every party engaged.

               Whether we are considering family law mediation in Australia or Indonesia, the interaction of human character and the mediation technique can significantly influence the road towards resolution. The different personalities of the participants present both possibilities and difficulties, so the mediator's job becomes even more important in negotiating this complexity. Mediators can assist in creating a cooperative environment where all views are appreciated by realising and utilising the capabilities of many personality types, therefore producing fair, balanced, and sustainable results for all those engaged.

     

---

[1] Leslie Joan Harris, June R Carbone and Rachel Rebouché, Family Law (Aspen Publishing, 2023).

[2] Dwight Golann and Jay Folberg, Mediation: The Roles of Advocate and Neutral (Aspen Publishing, 2021).

[3] Ruth Speidel et al., ‘Longitudinal Pathways of Family Influence on Child Self-Regulation: The Roles of Parenting, Family Expressiveness, and Maternal Sensitive Guidance in the Context of Child Maltreatment.’ (2020) 56(3) Developmental Psychology 608.

[4] Ibid.

[5] Tania Sourdin and John Zeleznikow, ‘Courts, Mediation and COVID-19’ [2020] Australian Business Law Review, Forthcoming.

[6] Ibid.

[7] Speidel et al. (n 3).

[8] Harris, Carbone and Rebouché (n 1).

[9] Abdullahi An-Na’im, Islamic Family Law in a Changing World: A Global Resource Book (Zed Books London, 2002).

[10] Andrew Brower Latz, ‘Gillian Rose: The Melancholy Science’ [2018] The SAGE Handbook of Frankfurt School Critical Theory. London: Sage Publications 419.

[11] Marian Roberts, Mediation in Family Disputes: Principles of Practice (Routledge, 2016).

[12] Latz (n 15).

[13] Ibid.

[14] S Vorkapić and S Tatalović Vorkapić, ‘Electrophysiological Differences in Sanguine, Choleric, Phlegmatic, and Melancholic’ (2011) 1(2) The Romanian Journal for Psychology, Psychotherapy and Neuroscience 67; Christa Pelikan and Veronika Hofinger, ‘An Interactional Approach to Desistance: Expanding Desistance Theory Based on the Austrian Mediation Practice in Cases of Partnership Violence’ (2016) 4(3) Restorative Justice 323.

[15] Charles Bultena, Charles Ramser and Kristopher Tilker, ‘FIGHTING FUTILITY III: DEALING WITH DIFFICULT PEOPLE IN MEDIATION.’ (2012) 4 Southern Journal of Business & Ethics.

[16] Roberts (n 16).

[17] Rowel Olila, ‘Personal Characteristics and Personality-Temperament Traits and Its Implications to Effective Leadership in Organizations’ (2020) 40(1) JPAIR Multidisciplinary Research 96.

[18] Gilbert Childs, Understand Your Temperament!: A Guide to the Four Temperaments-Choleric, Sanguine, Phlegmatic, Melancholic (Rudolf Steiner Press, 2013).

[19] Monica Libell, ‘Blond Flowing Hair’, “Tumid Lips”, ‘Rigid Posture’, and ‘Choleric Temperament’ (2022) 8 Beyond’Hellenes’ and ’Barbarians’: Asymmetrical Concepts in European Discourse 56.

[20] Justus Robertson and Robert Young, ‘Modelling Character Knowledge in Plan-Based Interactive Narrative to Extend Accomodative Mediation’ in Proceedings of the AAAI Conference on Artificial Intelligence and Interactive Digital Entertainment (2013) 93.

[21] Ibid.

[22] Ibid.

[23] Ruslana Havrylyuk, ‘Legal Characteristics of Mediation’ (2019) 6(2) European Journal of Law and Public Administration 46.

[24] Ibid.

[25] Veronica Horielova and Yulia Vishnevska, ‘Concept and Content of Professional Ethics of a Mediator’ [2023] Legal Horizons 34.

[26] Lon L. Fuller, ‘Mediation—Its Forms and Functions’ in Mediation (Routledge, 2018) 3.

[27] Vorkapić and Tatalović Vorkapić (n 24).

[28] Ibid.

[29] Manuel Dietrich and Kristof Van Laerhoven, ‘An Interdisciplinary Approach on the Mediating Character of Technologies for Recognizing Human Activity’ (2015) 1(1) Philosophies 55.

[30] Ibid.

[31] Katy Forrester, ‘MAJOR UPDATE Lisa Marie Presley’s Attorney’s Request to Dismiss Ex Michael Lockwood’s Custody Battle Denied by Judge after Her Death’, The U.S. Sun (2023) <https://www.the-sun.com/entertainment/7633359/lisa-marie-presley-michael-lockwood-custody-battle-dismissal/>.

[32] Forrester (n 42).

[33] Ibid.

[34] Ibid.

[35] Family Law Act 1975 (Cth) s 60I

[36] Susan L Brooks and Dorothy E Roberts, ‘Social Justice and Family Court Reform’ (2002) 40(4) Family Court Review 453.

[37] Lisa Young et al., Family Law in Australia (Lexis Nexis Butterworths, 2012); Nigel Lowe et al., Bromley’s Family Law (Oxford University Press, 2021).

[38] Bruce M Smyth et al, ‘COVID‐19 in Australia: Impacts on Separated Families, Family Law Professionals, and Family Courts’ (2020) 58(4) Family court review 1022.

[39] Young et al (n 47); Gerald W Hardcastle, ‘Adversarialism and the Family Court: A Family Court Judge’s Perspective’ (2005) 9 UC Davis J. Juv. L. & Pol’y 57.

[40] Family Law Act 1975 (Cth) s 10F.

[41] B Smyth et al, ‘Certifying Mediation: A Study of Section 60I Certificates’ in CSRM Working Paper No. 2/2017(Australia National University, 2017) iii <https://csrm.cass.anu.edu.au/sites/default/files/docs/2019/2/CSRM_WP2_2017_60ICERT.pdf>.

[42] Family Relationship Online, ‘How Can a Family Relationship Centre Help?’, Family Relationship Centres(Web Page) <https://www.familyrelationships.gov.au/talk-someone/centres#a1>.

[43] Federal Circuit and Family Court of Australia, 2020-21 Federal Circuit Court Annual Report (September 2021) 23.

[44] Supreme Court of Indonesia, Annual Report 2023 Supreme Court of Indonesia (February 2023) 119 <https://kepaniteraan.mahkamahagung.go.id/images/laporan_tahunan/FA-LAPTAH_MA_2023-_low.pdf>.

[45] Ibid.

[46] Balawyn Jones and Amira Aftab, ‘Inside Indonesia’s Religious Courts: An Argument for Domestic and Family Violence Screening and Exemption From Compulsory Mediation’ [2023] Oxford Journal of Law and Religion 218 <https://doi.org/10.1093/ojlr/rwad015>.

[47] Endang Hadrian, ‘Optimizing the Implementation of Mediation to Overcome Civil Case Backlog in Indonesia’ (2019) 20(5) South East Asia Journal of Contemporary Business, Economics and Law 154.

[48] Euis Nurlaelawati, ‘Sharia-Based Law Reform in Indonesia: The Legal Politics of the Compilation of Islamic Laws’ (2010) 5(2) Al-Jami'ah: Journal of Islamic Studies 245.

[49] Ibid.

[50] Ibid.

[51] Siti Musdah Mulia, ‘Muslim Family Law Reform in Indonesia A Progressive Interpretation of The Qur’an’ [2015] Al-Mawarid: Jurnal Hukum Islam 1; Yuni Roslaili, Aisyah Idris and Emi Suhemi, ‘Family Law Reform in Indonesia According to the Maqashid Al-Shari’a Perspective (A Case Study of Law No. 16 of 2019)’ (2021) 7(2) Gender Equality: International Journal of Child and Gender Studies 183.

[52] Mark Cammack, Adriaan Bedner and Stijn Van Huis, ‘Democracy, Human Rights, and Islamic Family Law in Post-Soeharto Indonesia’ [2015] (2015–06) Human Rights, and Islamic Family Law in Post-Soeharto Indonesia (February 19, 2015). New Middle Eastern Studies, Forthcoming, Southwestern Law School Research Paper.

[53] Ibid.

Bibliography

A. Books

An-Na’im, Abdullahi, Islamic Family Law in a Changing World: A Global Resource Book (Zed Books, London, 2002).

Childs, Gilbert, Understand Your Temperament!: A Guide to the Four Temperaments—Choleric, Sanguine, Phlegmatic, Melancholic (Rudolf Steiner Press, 2013).

Golann, Dwight and Folberg, Jay, Mediation: The Roles of Advocate and Neutral (Aspen Publishing, 2021).

Harris, Leslie Joan, Carbone, June R and Rebouché, Rachel, Family Law (Aspen Publishing, 2023).

Lowe, Nigel et al., Bromley’s Family Law (Oxford University Press, 2021).

Mulia, Siti Musdah, Muslim Family Law Reform in Indonesia: A Progressive Interpretation of The Qur’an [2015] Al-Mawarid: Islamic Law Journal 1.

Roberts, Marian, Mediation in Family Disputes: Principles of Practice (Routledge, 2016).

Young, Lisa et al., Family Law in Australia (Lexis Nexis Butterworths, 2012).

B. Articles

Brooks, Susan L and Roberts, Dorothy E, 'Social Justice and Family Court Reform' (2002) 40(4) Family Court Review 453.

Bultena, Charles, Ramser, Charles and Tilker, Kristopher, 'Fighting Futility III: Dealing with Difficult People in Mediation' (2012) 4 Southern Journal of Business & Ethics.

Cammack, Mark, Bedner, Adriaan and Van Huis, Stijn, 'Democracy, Human Rights, and Islamic Family Law in Post-Soeharto Indonesia' [2015] (2015–06) New Middle Eastern Studies, Forthcoming, Southwestern Law School Research Paper.

Dedkova, Lenka and Smahel, David, 'Online Parental Mediation: Associations of Family Members' Characteristics to Individual Engagement in Active Mediation and Monitoring' (2020) 41(8) Journal of Family Issues 1112.

Dietrich, Manuel and Van Laerhoven, Kristof, 'An Interdisciplinary Approach on the Mediating Character of Technologies for Recognizing Human Activity' (2015) 1(1) Philosophies 55.

Fuller, Lon L, 'Mediation—Its Forms and Functions' in Mediation (Routledge, 2018) 3.

Guillamon, María del Carmen Lázaro, 'Conflict Resolution by Consensus in Roman Law: Historical Approach to Mediation' (2020) 11(2) Journal on European History of Law 44.

Hardcastle, Gerald W, 'Adversarialism and the Family Court: A Family Court Judge’s Perspective' (2005) 9 UC Davis Journal of Juvenile Law & Policy 57.

Havrylyuk, Ruslana, 'Legal Characteristics of Mediation' (2019) 6(2) European Journal of Law and Public Administration 46.

Horielova, Veronica and Vishnevska, Yulia, 'Concept and Content of Professional Ethics of a Mediator' [2023] Legal Horizons 34.

Latz, Andrew Brower, 'Gillian Rose: The Melancholy Science' in The SAGE Handbook of Frankfurt School Critical Theory (Sage Publications, London, 2018) 419.

Libell, Monica, 'Blond Flowing Hair, “Tumid Lips”, “Rigid Posture” and “Choleric Temperament”' (2022) 8 Beyond ‘Hellenes’ and ‘Barbarians’: Asymmetrical Concepts in European Discourse 56.

Olila, Rowel, 'Personal Characteristics and Personality-Temperament Traits and Its Implications to Effective Leadership in Organizations' (2020) 40(1) JPAIR Multidisciplinary Research 96.

Pelikan, Christa and Hofinger, Veronika, 'An Interactional Approach to Desistance: Expanding Desistance Theory Based on the Austrian Mediation Practice in Cases of Partnership Violence' (2016) 4(3) Restorative Justice 323.

Robertson, Justus and Young, Robert, 'Modelling Character Knowledge in Plan-Based Interactive Narrative to Extend Accommodative Mediation' in Proceedings of the AAAI Conference on Artificial Intelligence and Interactive Digital Entertainment (2013) 93.

Roots, Maia, 'Bottom-Up Action and Hesitant Steps Towards Accommodating Multicultural Claims in Japanese Family Law' in Normativity and Diversity in Family Law: Lessons from Comparative Law (2022) 119.

Roslaili, Yuni, Idris, Aisyah and Suhemi, Emi, 'Family Law Reform in Indonesia According to the Maqashid Al-Shari’a Perspective (A Case Study of Law No. 16 of 2019)' (2021) 7(2) Gender Equality: International Journal of Child and Gender Studies 183.

Scripcaru, Andrei et al., 'Temperaments and Risk of Violence in the Médico-Legal Psychiatric Examination' (2022) 30 Romanian Journal of Legal Medicine 35.

Smyth, Bruce M et al., 'COVID-19 in Australia: Impacts on Separated Families, Family Law Professionals, and Family Courts' (2020) 58(4) Family Court Review 1022.

Sourdin, Tania and Zeleznikow, John, 'Courts, Mediation and COVID-19' [2020] Australian Business Law Review, Forthcoming.

Speidel, Ruth et al., 'Longitudinal Pathways of Family Influence on Child Self-Regulation: The Roles of Parenting, Family Expressiveness, and Maternal Sensitive Guidance in the Context of Child Maltreatment' (2020) 56(3) Developmental Psychology 608.

Telhan, Raj, 'Foreign Bodies' (2018) 94(4) The Virginia Quarterly Review 96.

Vorkapić, S and Tatalović Vorkapić, S, 'Electrophysiological Differences in Sanguine, Choleric, Phlegmatic, and Melancholic' (2011) 1(2) The Romanian Journal for Psychology, Psychotherapy and Neuroscience 67.

Yarn, Douglas H, 'Requiem or Resurgence?' (2022) 37 Ohio State Journal on Dispute Resolution 533.

Forrester, Katy, 'Major Update: Lisa Marie Presley’s Attorney’s Request to Dismiss Ex Michael Lockwood’s Custody Battle Denied by Judge after Her Death' The U.S. Sun (2023) https://www.the-sun.com/entertainment/7633359/lisa-marie-presley-michael-lockwood-custody-battle-dismissal/.