Mediation

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Mediation

Mediation in the Settlement of International Disputes

Mediation as a means of settlement of international disputes has been provided for in a variety of multilateral instruments such as:

  • the 1899 and 1907 Hague Conventions for the Pacific Settlement of International Disputes,
  • the Inter-American Treaty on Good Offices and Mediation of 1936
  • the Charter of the United Nations, the Pact of the League of Arab States,
  • the Charter of the Organization of American States,
  • the American Treaty on Pacific Settlement (Pact of Bogotá) of 1948,
  • the Charter of the Organization of African Unity
  • the Protocol of the Commission of Mediation, Conciliation and Arbitration of 1964,
  • the Antarctic Treaty of 1959,
  • the 1970 Declaration on Principles of International Law concerning Friendly Relations
    and Cooperation among States in accordance with the Charter of the United
    Nations
  • the Final Act of the Conference on Security and Cooperation in Europe of 1975, and
  • the 1982 Manila Declaration on the Peaceful Settlement of International Disputes

Functions of the Mediation in the Settlement of International Disputes

The part of the mediator consists -in the case of the article 4 of the two Hague Conventions- in reconciling the opposing claims and appeasing the feelings of resentment which may have arisen between the States at variance”.

The article XII of the Pact of Bogotá provided that the functions of the mediator or mediators
will be to assist the parties in the settlement of controversies in the simplest and most direct manner, avoiding formalities and seeking an acceptable solution.

Time-limit for Mediation in Treaties (Settlement of International Disputes)

A time-limit has in some cases been stipulated for the work of mediation. For example:

  • “The mediator shall determine a period of time, not to exceed six nor be less than three months -in article IV of the 1936 Inter-American Treaty- for the parties to arrive at some peaceful settlement. Should this period expire before the parties have reached some solution, the controversy shall be submitted to the procedure of conciliation provided for in existing inter-American agreements.”
  • “In the event that the High Contracting Parties have agreed to the procedure of mediation -in article XIII of the 1948 Pact of Bogotá- but are unable to reach an agreement within
    two months on the selection of the mediator or mediators, or no solution to the controversy has been reached within five months after mediation has begun, the parties shall have recourse without delay to any one of the other procedures of peaceful settlement established in the present Treaty.”

Mediation in International Trade

Meaning of Mediation, according to the Dictionary of International Trade (Global Negotiator): An attempt to resolve a dispute through discussions under the auspices of a neutral third party (mediator) where the contending parties are not obliged to accept the offered solution. This is in contrast to binding arbitration, where the contending parties are usually obligated to accept the offered solution.

Worldwide Mediation

Contents of Worldwide Mediation

Contents of this subject matter include:

  • Introduction and overview of subject
  • The range of mediation models
  • Narrative Mediation: Theory and Practice
  • Transformative Mediation: Theory and Practice
  • Relational Mediation or the Understanding model
  • Insight mediation: A Learning Centered model
  • Holistic Mediation: Theory and Practice
  • Bioethics mediation
  • Traditional cultural models
  • Micro skills in complex models
  • Case studies

Mediation

Embracing mainstream international law, this section on mediation explores the context, history and effect of the area of the law covered here.

Mediation in Private International Law

This section contain conflict of laws information and cross references related to mediation on some major countries and additional jurisdictions. It covers key issues involved when citizens face international situations. Information on private international law cases and courts related to mediation is provided here. Details on private international law books are available here.

Mediation

Resources

See Also

Further Reading

Resources

See Also

Further Reading

  • Carlos Esplugues, “Mediation”, Encyclopedia of Private International Law, Edward Elgar, 2017

Resources

Further Reading

  • The entry “mediation” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Resources

See Also

Arbitration
Consensus Building
Enforcement
Litigation
Public Policy Decision Making
Regulatory Negotiation
Mediation Definition
Organization of American States
Economic Community of West Africa

Further Reading (Books)

  • FO Hampson ‘The Risks of Peace: Implications for International MediationÂ’ (2006) 22 Negotiation Journal 13-30. S Voigt,
  • Further Reading (Articles)

    • Mediation Framework Adopted In Russia., Mondaq Business Briefing; July 22, 2011
    • Mediation in Turkey: An Alternative Method for Dispute Resolution, Mondaq Business Briefing; April 10, 2014; Uysal, Zuhal
    • Research on Mediation Specialization in Japan, Canadian Social Science; May 1, 2012; Yi, Huang
    • Mediation myths and urban legends.(Florida), Florida Bar Journal; May 1, 2008; Tetunic, Fran L.
    • Mediation Now ICC Default Option for Alternative Dispute Resolution, Mondaq Business Briefing; February 18, 2014; Bend, Bommel Van Der
    • Mediation: The what and the how, Agency Sales; January 1, 1997; Ryan, James J
    • Permanency Mediation: A Path to Open Adoption for Children in Out-of-Home Care, Child Welfare; July 1, 2005; Maynard, JoAnne
    • Mediation vs. Litigation: The Strength of Water vs. the Strength of Rock, Dispute Resolution Journal; May 1, 2002; Fazzi, Cindy
    • Mediation; the Long-Awaited Turkish Mediation Law, Mondaq Business Briefing; October 8, 2013; Polat, Baris
    • Mediation: A new way to cut litigation costs, Kentucky Banker Magazine; May 1, 1997; Zipperele, Gene F Jr
    • ‘Mediation only way to stop fights between neighbors from escalating’. Ashdod set to establish municipal mediation center in wake of killing over coffee, Jerusalem Post; June 15, 2010; Ruth Eglash Ruth Eglash
    • Mediation More Attractive in Ontario., Mondaq Business Briefing; January 27, 2011
    • Mediation Guide, Mondaq Business Briefing; April 21, 2013
    • Mediation, Gale Encyclopedia of Everyday Law; January 1, 2006
    • The mediation option for attorney discipline cases: are some disciplinary cases good candidates for mediation? This lawyer-mediator says “yes.”.(Illinois), Illinois Bar Journal; May 1, 2010; Benz, Mary Patricia
    • Mediation For Contractors., Construction News; September 6, 2004; Cavignac, Jeffrey
    • Mediation under Announcement 95-2: IRS proposes dramatic extension of alternative dispute resolution., Tax Executive; January 1, 1995; Wood, Donald F. Adams, Robert D.
    • Mediation For Contractors.(Conflict management), Constructioneer; October 18, 2004
    • Mediation emerges as cost-efficient alternative to courtroom divorce., Times Herald-Record (Middletown, NY); January 8, 2006
    • Mediation and Its Merits as an Alternative Method of Employer-Employee Dispute Resolution, Competition Forum; July 1, 2006; Twomey, Rosemarie Feuerbach

    Mediation in the International Trade Union Rights Area

    Definition of Mediation provided by ITUC-CSI-IGB: A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.

    See arbitration, conciliation

    Resources

    Trade Union Topics

    • Trade Union Act
    • Trades Union Congress (TUC)
    • Trade Union Density
    • Definition of Trade Union
    • Socialist Coalition
    • Socialist Party
    • Legislative Power
    • Trade unions in Europe
    • Trades Union Act
    • Cartism
    • Poor Law
    • Combination Acts

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