The Effectivenesss of Mediation on Cross-Border Shareholders Disputes

Abstract

Mediation is one of the most popular methods of resolving international commercial disputes worldwide. It is an out-of-court method for resolving disputes and is based on the voluntary participation of parties. The aim of the study was to analyse the effectiveness of mediation in the modern world as a means of resolving cross-border commercial disputes. The methodology for this research study was desk-based; secondary data collection is a common term for deskbased research. Data is collected using resources that are already available, ideally with the advantage of being more cost-effective than field research. Due to the easy access to the data through online journals and libraries, our current study examined previously published studies and reports. Mediation offers efficient and cost-effective alternatives to other alternative dispute resolution techniques. Mediation involves facilitated negotiation sessions with a neutral mediator that promote open communication and tailored solutions. Mediation ensures confidentiality, expertise and enforceability and is therefore extremely effective in resolving cross-border commercial disputes out of court. It is recommended that professionals working in the field of alternative dispute resolution give priority to developing their skills and knowledge in order to effectively manage mediation proceedings. It is also recommended that promoting mediation as an effective replacement for traditional litigation within legal and regulatory frameworks should be a top priority for policymaker.