The Role of Mediation in Resolving Complex Maritime Disputes: Benefits, Limitations, and Comparative Analysis with Arbitration

  • Chinnu Prasannan,
  • Aswathy Krishnan and John Paul Padikkala
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  • Chinnu Prasannan

    LL.M. Student at CSI College for Legal Studies, India

  • Aswathy Krishnan

    Student at School of Legal Studies, CUSAT, India

  • John Paul Padikkala

    Student at School of Legal Studies, CUSAT, India

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This research paper examines the pivotal role of mediation in resolving complex maritime disputes, offering insights into its benefits, limitations, and a comparative analysis with arbitration. With maritime disputes growing in complexity, mediation emerges as a cooperative alternative to traditional litigation. Through analysis of its advantages, such as relationship preservation and cost-effectiveness, mediation’s suitability for intricate maritime conflicts becomes evident. However, challenges including power dynamics and enforceability limitations are also explored. Comparing mediation with arbitration underscores their distinct strengths: mediation fosters consensus, while arbitration offers binding decisions backed by enforceability mechanisms. Factors influencing the choice between the two methods, such as dispute nature, cost considerations, and party preferences, further shape maritime stakeholders’ strategic decisions. In conclusion, mediation’s capacity to address intricate maritime conflicts while preserving relationships makes it a valuable addition to the toolkit of maritime dispute resolution, promoting harmonious solutions in the ever-evolving landscape of global trade.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 2138 - 2147


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