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Research Paper Volume 6 Issue 4 2138 - 2147 August 22, 2023

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

Lead author · Corresponding
Chinnu Prasannan
LL.M. Student at CSI College for Legal Studies, India
Co-author
Aswathy Krishnan
Student at School of Legal Studies, CUSAT, India
Co-author
John Paul Padikkala
Student at School of Legal Studies, CUSAT, India
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
Creative Commons
CC BY-NC 4.0 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.
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Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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