International Mediation and the recent  developments, compliances and amendments

WHAT IS MEDIATION?

Mediation is a process flexible and agreed upon nature where a neutral facility helps the different parties involved for reaching upon a negotiation for their conflict. The control is upon the parties for the settlement decision of their dispute. The settlement so formed is contractually binding and enforceable.

Mediation is a useful device where the parties in the dispute want to preserve their relationship, for example, Joint Venture or any ongoing contract.

INTERNATIONAL MEDIATION

The process of Mediation is used widely in international relations as it has many advantages over any other technique available for the parties involved in a conflict. It in ad-hoc nature, voluntary and non-coercive and hence, less threatening

Its nature is non-evaluative and non-judgemental and is very much close to the realities of International relations, where the states and parties can protect their independence and autonomy.

The essential characteristics of mediation are:

• The process of Mediation is the parties' own efforts to resolve the conflict between them. When they fail to do so, they bring in a third party, that is a mediator.
• The process of mediation consists of mediation by an outsider; it may be an individual, any group, or some organization that will resolve the said conflict.
• This third-party entry is completely is non-coercive, peaceful, and non-binding.
• The job of the Mediators is to enter a conflict, to affect it, amend it, resolve it or influence it in a particular way. 
• It is a voluntary form of conflict management.
• It works on an ad hoc basis and once done, the mediator departs the conflict.

COMPLIANCES REGARDING INTERNATIONAL MEDIATION

• Preparedness. Responsible and reliable mediation efforts should have good preparation.
• Consent. It is a voluntary process and hence should be with the consent of the parties.
• Impartiality. Impartiality is a very important factor of mediation as, if the mediation is not partial, the purpose of mediation will fail. 
• National ownership. This is important as it is the communities only that have suffered the major impacts of the conflict, 

              Hence the mediation should work towards a peaceful future.

• International laws normative framework. Mediators perform the work according to the mandates they get from their appointing part and within that range set by the rules and regulations.
• Coherence, Coordination, and Complementarity. Coherence includes agreed-upon or coordinated approaches and complementarity mean the need for a clear division of labor based on comparative advantage among mediation parties.

There have been recent developments regarding to mediation;:

• The image of cross-border litigantsCross border litigants image is changing, and with it the nature and development of international dispute settlement 

• Open international mediation practice As international mediation continues to receive attention, especially in the commercial sector, we have seen the development of an institutional capacity to meet the needs of disputing parties.

• E-commerce and electronic disputes have led to an increase in disputes over B2B and B2C services between institutional ODR service providers and cross-border services. 

• Family mediation

              Cross-border family support and property disputes Increasingly, divisional cases are heard in places other than the courts, especially in cases involving child abduction cases.

Some recent amendment 

1. The main thrust of ICDR mediation: According to the ICDR rules, it is now assumed that the parties will conduct mediation according to the mediation rules at the same time as arbitration.
2. Disclosure by third party investors and insurance companies
3. Focus on obligations
4. New basis for the arbitrator's challenge
5. The decision arbitrarily is made by the arbitrator.
6. New consequences related to deposits
7. Expanding the scope of fast track procedures 
8. Stick to new digitization rules.

 Conclusion

Lastly, we can say a good mediation process should include: 

Accompanying the client to complete each step of the mediation requires 

Should Organize client seminars on mediation so clients can understand how mediation works 

accompany clients in mediation and represent them throughout the process

Conduct a mediation test on the case of the other party and 

The Participation of the team and individual mediators so that mediation strategies can be explored In a controlled setting before mediation took place.