Is Mediation the Optimal Method of Transnational Dispute Resolution?- Focus on Mediation of Transnational Energy & Environmental Disputes- The Path to Enforcement of Cross Border Mediated Settlement Agreements

Abstract

This study sheds light on Mediation as a method of Alternative Dispute Resolution. Despite its obvious advantages, being a speedy and cheaper process with high success rate of settlement, Mediation is not broadly used in international dispute resolution. A reason for the infrequent use of mediation and its lack of promotion internationally, is the fact that as a method of dispute resolution is not legally binding but voluntary and the mediated settlement agreement cannot be enforced in all international jurisdictions. This study s purpose is to militate in favor of Mediation as the effective, flexible, efficient, worthwhile and optimal international dispute resolution tool of the future. Special focus is given in mediation as the optimal method when resolving transnational disputes in the energy sector as well as transnational environmental disputes. Reference is also being made to Investor-State transnational dispute resolution and how it can benefit from a Mediation Settlement. Last but not least this study is also examining ways that mediated settlement agreements could become enforceable on an international level, criticizes the existing hybrid methods of dispute resolution that incorporate an arbitral award into the mediation settlement agreement or vice versa and questions what the future holds for international mediation.