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

  • Chinnu Prasannan,
  • Aswathy Krishnan and John Paul Padikkala
  • Show Author Details
  • 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

  • img Download Full Paper

Abstract

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.

Type

Research Paper

Information

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

DOI: https://doij.org/10.10000/IJLMH.115645

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021