دور الوساطة في حل النزاعات الدولية

Abstract

Among the alternative means of resolving international disputes that the conflicting parties resort to in order to reach a solution to their differences is mediation so that it is adopted after the parties to the conflict agree to use it to reach an appropriate solution to the conflict because it is an easy, smooth and less arduous way than the usual methods that the parties used to resort to settle their disputes. In addition, mediation is a voluntary and confidential process in which the parties to the conflict try with the help of a neutral third party (the mediator), who plays a key role in reconciling the parties, ending the conflict and maintaining relations and common interests between them. It also works to save time and effort on the litigants compared to other means. Mediation is considered one of the manifestations of civilization that has attracted the attention of all countries, as it works to resolve international disputes through constructive dialogue that leads to convergence of views between them to end differences and contradictions. It is less expensive compared to litigation procedures because its procedures take a short time compared to judicial methods that can to extend for years. The parties to the conflict also have the full authority in the mediation process to reach an agreement or not, unlike the judiciary, which imposes judgment on the parties to the conflict, and from it is an optional process in all matters where the mediator’s initiative is not obligated to provide his mediation and that the conflicting countries are completely free to refuse mediation and not be bound by the outcome of the mediation. Imposed on the parties to the dispute, one of the functions of mediation is to facilitate the means and methods of discussion between the parties to the conflict by bringing the points of view and opinions between them. It enhances the parties’ sense of responsibility towards the issue presented for adjudication. It also supports the importance of resolving the disputed issue away from coercive procedures by placing the mediator a set of legal and appropriate alternatives to resolve the dispute and contribute to preserving the independence of each party to the conflict