The Comparative View: Mediation, Negotiation and Arbitration

Mediation, negotiation and arbitration are recognized as processes of conflict resolution and alternative dispute resolution (ADR) in peace and legal studies. This implies that such processes are different from litigation and that they represent a non-violent mechanism to address disputes and deep-rooted conflicts. As a sign of the growing importance of conflict resolution processes, mediation has been incorporated into the official legal system in many European and non-European countries in recent decades, while arbitration and negotiation have historically been employed to address conflict issues and territorial claims at the international level. However, previous studies have examined those processes of conflict resolution in a separate manner. Therefore, this paper discusses mediation, negotiation and arbitration in collective and comparative terms. It also highlights the key similarities and differences in the practices of mediation, negotiation and arbitration with supporting examples. The chapter is divided into four major sections. The first section presents conceptual clarity and definitions. The second section analyzes the common characteristics of mediation, negotiation and arbitration as key ADR processes. The third section comparatively identifies and examines the distinct characteristics of mediation, negotiation and arbitration. The fourth and concluding section provides a summary of the main discussions in the chapter and it briefly reflects on the limitations of the ADR techniques.