Mediation in the field of international law: resolution of transborder disputes
The article is devoted to the issue of mediation in cross-border dispute resolution. The author summarises that in the field of international relations, mediation plays a key role in the peaceful settlement of conflicts between states, international organisations and other entities. It contributes to reaching mutually acceptable solutions, strengthening cooperation between the parties and reducing the likelihood of new conflict situations. The mediation procedure is one of the most optimal ways of alternative regulation of cross-border disputes. The author emphasises that mediation is a method of dispute resolution with the interaction of a mediator on the basis of voluntary consent in order to reach a mutually acceptable solution. The mediation procedure is conducted with the participation of a neutral, impartial assistant - a mediator. The parties enter into and participate in the procedure only on a voluntary basis, in conditions of confidentiality and equality, and decisions are made by the parties independently and solely on the basis of goodwill, which, accordingly, contributes to the voluntary implementation of the agreements reached. Mediation is used in a variety of areas, such as political diplomacy, economic relations, trade, environmental issues, etc. The main goal of international mediation is to promote peaceful conflict resolution and prevent violence. The author specifies the advantages of mediation (time saving and simplicity in comparison with proceedings in a national court; involvement of an independent party in analysing the problem; the possibility to terminate mediation at any time without any sanctions; confidentiality of the dispute settlement procedure, which avoids public disclosure; the parties are given the opportunity to work out a solution to the dispute by reaching a compromise, thereby the conflict between the parties is terminated in full or in part agreed by the parties. The author suggests that further development of this mechanism requires improvement of the methodology, advanced training of mediators and creation of a regulatory and institutional framework which would facilitate the effective functioning of mediation in international politics.
Authors
- Oksana MELENKO (ORCID: https://orcid.org/0000-0002-9410-0779)
Institutions
- Human Growth Foundation (US)
Publication Details
- Journal
- Uzhhorod National University Herald Series Law
- Published
- 2025-08-12
- DOI
- https://doi.org/10.24144/2307-3322.2025.89.4.25
- Primary Topic
- Global Political and Economic Relations
- Type
- article
- Field-Weighted Citation Impact
- 0.00