Comparison of Dispute Resolution through Conciliation and Mediation from the Perspective of International Law

Abstract

Among the non-judicial settlement mechanisms preferred for the settlement of disputes between the state and investors, there are two settlement methods that have close characteristics to each other. These are conciliation and mediation. In this article, firstly, the definition and application of conciliation and mediation, which emerged from public international law as peaceful remedies, are analysed. Subsequently, it is aimed to define these remedies, especially within the framework of the UNCITRAL Model Law on Commercial Conciliation and the Optional Conciliation Rules of the Permanent Court of International Arbitration, to reveal their differences from each other, to discuss the characteristics of these remedies and finally to discuss the enforceability of conciliation and mediation agreements in international disputes within the scope of the provisions of the Singapore Convention.