Anchoring Peace: The Comparative Analysis Of Mediation In Resolving Maritime Disputes
- IJLLR Journal
- Jul 28
- 2 min read
Ishita Malhotra & Viraj Singh Katoch, B.B.A. LL.B.(Hons.), Symbiosis Law School, Pune
Introduction
Mediation
Mediation as a form of Dispute Resolution Method is something which isn’t new in the world. Although it has gained its importance and boost in today’s time, but has been around since the time of the Mahabharata, where it is believed that Lord Krishna played a vital role as a Mediator in disputes between the parties, although some may consider his role as a facilitator of the war waged between the Pandavas & Kauravas.
While diving into the definition of Mediation, we find that-
As per Black’s Law Dictionary- ‘It a method of non- binding dispute resolution involving a neutral third party who tries to help the disputing parties to reach a mutually agreeable solution’
As per Cabridge Dictionary- ‘It is the process of talking to two separate people or groups involved in a disagreement to try to help them to agree or find a solution to their problems.’
While further simplifying the definition of the same, Mediation is merely a manner where the parties with mutual consent appoint neutral mediators who help the parties in finding solutions to the problems faced by reaching a compromise and a middle ground as a solution which is amicable to both the parties. The main objective of mediation is to facilitate dialogue between the parties in dispute and try and give them a chance to resolve their disputes to reach a settlement.
Mediation as a tool is highly efficient as a tool of dispute resolution and is popular amongst all parties as it has all important characteristics such as that of being- affordable, impartial, time saving. Some major features of Mediation are-
