Mediation in the Pacific: Resolving cross-border commercial disputes

Abstract

Mediation is developing and increasingly becoming one of the most popular modes for resolving international commercial disputes worldwide. In the Pacific, mediation has also been introduced to resolve disputes and lessen the burden of the Courts with case backlogs and assist in the improvement of the business environment in the Region. Prior to the introduction of western systems of resolving disputes such as litigation, arbitration and mediation, Pacific Island Countries had their own traditional methods of resolving customary disputes. This paper therefore aims to study these methods and determine whether mediation is culturally fitting and whether mediation is the appropriate mode to resolve commercial disputes or cross-border commercial disputes in these countries. Further, it will address whether introducing more traditional customs into the mediation rules that were introduced and developing the rules to suit these societies, would have any benefits in resolving commercial disputes.