Hi. I am back and first off, thanks for any and all replies to date on this matter. I just want to update quickly now. Later (probably after all resolved) I will respond with more complete details. I'm concerned about jinxing and as this is a public forum... Okay, I'll just throw the info below out as it pops in my head:
**Three informal mediations (first mtg was with one alone and then with an additional asst/scribe after) and one formal (different group of two from the same govt office, including a translator/scribe, though both spoke English quite well) have completed. This week will be the second formal mtg.
**The 30 day clock for mediation is running, seems to have begun from the first informal mediation mtg date.
**The first informal mtg was contentious and the mediator seemed rather jaded towards myself, but quickly neutral after a short time. Following two mtgs were neutral appearing, however just slightly so seeming against myself. I think the full details had not become clear to the mediator yet, and by the third meeting there was not a contentious feeling emitting from the mediator.
**Please make sure you have a personal translator of your own during the informal mtgs, and less so during the formal. Best to have one always though if you are not completely fluent at Bahasa. The other side brown noses the mediator every chance they get and I missed a few that my asst reminded me of immediately so I could respond.
**The mediations are continuing on because we could not agree, obviously. I will have more details on this (especially later on), specifically what may be most beneficial to someone in the same predicament, but may appear somewhat vague still to some. Spelling it out to well also allows the other side to gain.
**At the end of meetings we all signed and expressed in our own words what had taken place at each mediation and the outcome. We all saved fotos of this on our phones.
**Cordial govt staff. Quite professional and also warm greetings as we sit in the staff room. Handshakes (at end of mediation go around with govt officials, but I'll wait til end for shakes with the other side) and silly comments flow around while waiting. A couple of tubes to watch news etc on, around the office.
**Make sure you keep your original paperwork, don't let it stray during the meeting. The mediator asked to see my termination letter at the second meeting and it somehow ended up with the opposition side and then when they brought it up in the next meeting I could see it was the original I lost and with my notes on it.. Whoa, close one! Asked to see it and then said thanks for returning my letter.
**The employer's working contract that may be beyond what you have signed was requested at the end of the third informal mtg, to be brought to the first formal mtg. It is called a Pay-Pay, "PP". It may be the "additional contract details packet" mentioned in the short signed contract I had. Make sure you have read through that as well as your signed contract. Mine states that any disagreements ultimately are governed by Indonesian law/hukum, UU 13 in this case.
&
**Termination letters require (in my contract) that any fees, payments due back to the employer must be written in the termination letter. Mine did not have any written in it. The employer tried to subtract these from my expected reparation amount, but I showed that they had gone against their own contract. They still contended this in last mtg and so why I am still in mediation, and other things...
Finally,
Be cool, I think is the best advice. Realize the mediation is for both sides to try and find a "win-win". Detailed laws can be explained to the other side, but as I was interrupted during the first mtg (I was citing quite a few laws) by the mediator, saying that "laws are for the court later, if need be" (more or less like that).
Stating your feelings, rather than exactly why they were bona fide lays at the heart here in these mediations. I had not been to one before. I do continue to remind employer's team of the part of the contract or the exact law that could be referenced though. Those mentioned/reaffirmed as side notes, rather than the bulk of our statements, on both sides.
My employer brought a lawyer at each mediation. I didn't see much spoken between the employer rep' and the lawyer for the most part, but there was the physical presence of course. My asst is a lawyer also, but especially a friend and translator as well.
Perhaps things could conclude shortly, or perhaps it will go on to the Industrial Court. I think 160 days was mentioned by the mediator for a time frame to complete a court case by.
I was approached in the lobby by the asst mediator last time when exiting the building, and asked to try to find a softer stance and to find the win-win quickly. I then explained how they had attacked my house, broke my side door in and this captured on cctv by the residential security (some of the residence security have been fired, those that escorted the school's thugs into the residence, clearly seen in the video). He sort of gave me a little more room then, surprised, but reasserted the tone to find a win-win. Hmmm.......??
More as it becomes useful.
,Sush'
