Resolution Mechanism Research Articles

Efektivitas Arbitrase dalam Penyelesaian Sengketa Proyek Infrastruktur

The resolution of disputes in infrastructure projects requires an effective mechanism to ensure smooth project implementation. The fraudulent bank guarantee case in the Pandaan-Malang Toll Road project revealed weaknesses in public procurement oversight, where PT Setdco submitted a falsified bank guarantee, potentially causing losses to the Ministry of Public Works (PU) amounting to IDR 26.09 billion. This study aims to evaluate the effectiveness of arbitration as a dispute resolution mechanism in this case. The research employs a descriptive-analytical method with a qualitative approach, utilizing primary data such as arbitration documents and contracts, and secondary data from legal literature and media reports. The findings indicate that arbitration conducted through BANI provided a fast, fair, and binding solution for the disputing parties. However, the effectiveness of arbitration relies on the supervision of award implementation and regulations supporting accountability. In conclusion, arbitration can be a reliable mechanism for resolving infrastructure disputes if supported by an adequate system.

The Development of Technology and Information and Its Impact on Notarial Practice in Relation to Legal Certainty

The development in the current digital era has certainly brought significant changes in various aspects of life, including in notary practice. Therefore, this journal discusses the impact of technology and information on notary practice, with a focus on the aspect of legal certainty related to the concept of Cyber Notary. While there are still concerns in the practical and ethical aspects of implementing Full Cyber Notary in Indonesia, thereforeThrough legal analysis and literature study, this journal highlightsvarious problems of implementing Cyber Notary in Indonesia based on ethical and practical aspects such as the non-accommodation of Cyber Notary in laws and regulations, especially the Notary Law and the unpreparedness of the Cyber Notary implementation system including human resources and uneven distribution of infrastructure. Therefore, the Author Team provides a solution mechanism, namely the Cyber Notary practice method that reconciles laws and regulations related to Notaries in Indonesia reviewed based on progressive law. The Author Team provides a resolution mechanism with the implementation of Cyber Notary in a hybrid manner, which is a combination of current notary practices, namely conventionally with digital implementation, this is as the concept of progressive law which states that there are always weaknesses in the dynamics of law, as we know that existing laws will certainly always change and develop in society along with the social dynamics that occur. In implementing this hybrid system, it is important to adjust the laws related to Cyber Notary to the work area, the person appearing and reading the deed, signing to storing the deed, in addition, related parties such as the Indonesian Notary Association (INI) are also needed in the training and certification process specifically for notaries who will carry out Cyber Notary. Because in the context of implementing Cyber Notary, it is necessary to adjust the laws and regulations in order to provide legal certainty for Notaries and ensure the legality and authentication of electronic deeds are equivalent to conventional deeds, so that there is no overlap or ambiguity related to Cyber Notary in the formation or storage of an authentic deed.

Pancasila in the Perspective of Customary Law in Indonesia

Harmonization between Pancasila and customary law in Indonesia, to identify the potential of customary law in strengthening Pancasila values in the context of the national legal system. This research uses a qualitative approach, collecting data through literature studies by searching various relevant literature, both in the form of books, scientific journals, and literature related to Pancasila and customary law in Indonesia. The results of the study show that there is harmony between the precepts of Pancasila and the values contained in customary law, especially in terms of togetherness, social justice, and respect for community life. However, there are still challenges in harmonization, such as the dominance of national law and the lack of formal recognition of customary law. Therefore, this article recommends several steps to achieve better harmonization, including formal recognition of the role of customary law, strengthening the capacity of customary law communities, and implementing deliberative dispute resolution mechanisms. This research emphasizes that customary law has a strategic role in strengthening the implementation of Pancasila values, so that it can contribute to a more equitable national development based on local wisdom.

Decision-making for childhood vaccination in crisis settings: a survey of practice & barriers

Abstract Background Children, particularly those who have received no routine vaccinations (zero-dose children), are at high risk of vaccine-preventable diseases in humanitarian crisis settings. However, the decision-making processes underlying vaccine intervention design and delivery in such settings are poorly understood. The present study investigated the decision-making practices of organisations involved in childhood vaccination in humanitarian crisis settings globally via an online survey. Methods Individuals involved in the design or delivery of childhood vaccination programmes in humanitarian crisis settings were invited to fill out a self-administered online survey. Respondents were asked about factors influencing intervention design and vaccine delivery; use of technical guidance, specifically the WHO decision-making framework for vaccination in acute humanitarian emergencies (WHO Framework); and practices for reaching zero-dose children. Results Fourteen responses were received. Large international organisations and UN agencies were overrepresented in the sample. Technical guidance was considered of high importance when designing vaccine interventions. However, the WHO Framework is not available in relevant languages and has not been well-distributed to local and national actors. Awareness of initiatives to reach zero-dose children was high within our sample, though this may not accurately reflect global awareness. Security and resource availability were key barriers to vaccine delivery and reaching zero-dose children. Problems with vaccine access in our sample pertained primarily to issues with the procurement system rather than vaccine cost. Conclusions The WHO Framework should be provided in more languages, and vaccination actors at local and national level should be engaged to improve its practicality and increase awareness of its aims. In order to reach zero-dose children, vaccines must be made available for use in expanded age groups, which is sometimes not currently feasible within the Gavi/UNICEF procurement system. Clarifying this policy would allow relevant organisations to reach more zero-dose children. Additionally, security is a key barrier impeding vaccine delivery, including for zero-dose children. Safe operational space for humanitarian actors in conflict must be maintained and global conflict resolution mechanisms improved.

Complexity of ASEAN Way and Norms in Addressing Islam-Rooted Conflicts in Southeast Asia

This research aims to investigate ethno-religious conflicts in the Southeast Asia region with a focus on the role of religion (Islam), nationalism, and citizenship issues, as well as to understand the complexity of resolving these conflicts within the framework of ASEAN Way norms. This research combines qualitative approaches and policy analysis to provide a comprehensive picture of the interactions between conflict factors and regional norms. The research methodology includes analysis of ASEAN policy documents and case studies of selected conflicts in the region. Qualitative analysis will be used to explore community perceptions and experiences regarding conflict, while policy analysis will examine how ASEAN Way is reflected in conflict resolution efforts. Preliminary results show that religious factors and nationalism often trigger conflict, while citizenship issues can complicate the dynamics of conflict. The ASEAN Way, which emphasizes the principles of non-intervention, deliberation, and consensus, has limited impact in responding to ethno-religious conflicts. This research will provide insight into how the ASEAN Way can be improved to be more effectively respond the ethno-religious conflict in the region. The implications of this research can also help design more effective conflict resolution mechanism and support sustainable peace in Southeast Asia.

Cross-Border Insolvency and Sustainable Business Growth: Legal Frameworks, Challenges, and Strategies in a Globalized Economy

In today’s interconnected world economy, businesses operate cross borders to access new thriving markets, resources, and growth opportunities. However, the quest for sustainable business growth often encounters unforeseen challenges, particularly in Cross-Border Insolvency. This research paper observes the intricate relationship between Cross-Border Insolvency and the execution of sustainable business growth within the realm of international legal frameworks, underlying challenges, and the adoption of strategic measures. The main premise of this study is to research how the legal structure governing cross-border insolvency affects the ability of businesses to uphold the sustainability and drive growth in a globalized economy. This research acknowledges that businesses, regardless of size or sector, are susceptible to financial instability, and their ability to navigate cross-border insolvency matters is integral to preserving and advancing their operations on an international scale. A fundamental element of this research includes a comparative analysis of different legal frameworks for cross-border insolvency in different jurisdiction across the world. The study delves into the divergences in domestic insolvency laws, look into the concept of recognition and enforcement of foreign insolvency proceedings, also contemplate the implications of international treaties such as UNICITRAL Model Law On Cross Border Insolvency. Recognizing those issues which are inherent in the global business landscape, this research paper assesses and identifies the multifaceted challenges which are faced by businesses when confronted with cross-border insolvency. Such issues range from domestic complex legal procedures and cultural disparities to challenges related to asset recovery and dispute resolution. The paper also examines the unique challenges that micro, small, and medium-sized enterprises (MSMEs) encounter in this context. To address these issues and foster sustainable business growth, the paper intent to focus on a series of strategic measures and solutions that businesses can employ. This includes exploring the effectiveness of pre-insolvency planning, assessing the role of alternative dispute resolution mechanisms, and discussing the benefits of insolvency reforms that prioritize the rescue and rehabilitation of distressed companies.

Solusi dan Langkah Kongkrit dalam Penyelesaian Sengketa Pertanahan di Indonesia

The existence of a conflict of interest in land causes land disputes. In order to realize the welfare of the community in the use and control of land, it is hoped that there will be improvements, both in the field of land use and land arrangement, with the realization of these improvements it is hoped that legal certainty in land in Indonesia will be born. The purpose of this study is to find out and describe solutions and concrete steps in resolving land disputes in Indonesia and dispute resolution mechanisms that can be taken both by litigation and non-litigation. This research is processed with a normative juridical approach method, namely by looking at law as a set of regulations/rules or doctrines that have a normative nature (law in book). The results of land disputes have complex roots, both from a legal and institutional perspective, laws and regulations need to be clarified and strengthened so that there are no legal weaknesses and loopholes that cause disputes. Dispute resolution can be done both by litigation and non-litigation.

The Analytical Study of Dispute Resolution Methods in Space Regulations

The space sector has emerged as a lucrative market for both states and private entities, driven by unprecedented technological advancements. Private actors have become significant players in this field; however, their role is not adequately reflected in the existing legal frameworks for resolving disputes under international space law, which remain state-centric. This research addresses the gap by examining the procedures for resolving space-related disputes involving states and private entities. Using descriptive, analytical, and comparative methodologies, the study explores national and international conflict resolution mechanisms in space law. It reviews key agreements and initiatives such as the Outer Space Treaty, the Liability Convention, and Dubai’s Court of Space. The research highlights the advantages and limitations of various dispute resolution methods, including those offered by international law and arbitration forums, with a focus on Dubai’s Court of Space as a new and innovative platform. The study concludes that the rapid expansion of the space sector necessitates the development of inclusive and effective mechanisms for resolving disputes. Current frameworks are inadequate for addressing the complexities of modern space activities, often excluding private entities. Dubai’s Court of Space offers specialized expertise, transparency, and the ability to set global precedents, making it a promising solution for future disputes.

Penyelesaian Sengketa Perdata Dalam Pembentukan Perusahaan Oleh Investor Asing Pemegang Golden Visa

Law No. 22 of 2023 on Visa and Residence Permit categorizes Limited Stay Visa, Limited Stay Permit, Permanent Stay Permit, and Re-entry Permit in different categories. Foreign investors holding a Golden Visa can form a company, invest, repatriate, merge families, or build a second home but still follow Indonesian government regulations such as minimum investment capital. Golden Visa holders have legal protection rights and special investment facilities. The problem that the author examines is disputes arising from the process of company formation by Golden Visa holders, knowing the civil dispute resolution mechanism for Golden Visa holders. The method used in this research is a qualitative approach that has a descriptive nature. This type of research is normative legal research with a focus on norms and applicable legal regulations. The research approach is normative legal and case study, analyzing previously existing cases or relevant cases. The data needed are legislation, court decisions and secondary legal materials such as journals, literature and related articles from clear sources. The results of this study indicate that the resolution of disputes faced by foreign investors holding Golden Visas, such as default, unilateral cancellation of contracts, or profit sharing that is not in accordance with the agreement can be resolved through alternative non-litigation resolution, namely international arbitration. In the arbitration process, the disputing parties will receive legal protection, because laws and regulations must protect the rights to assets, property, and fast access to the visa processing process. The recommendation is that arbitration be used to resolve disputes over the formation of companies holding Golden Visas, and if the Golden Visa grants exclusive rights to investors, then the Indonesian government must consider special regulations on the Golden Visa.

Electronic evidence in the context of the principles of civil procedural law

The article examines electronic evidence in the context of the principles of civil procedural law. The goal is the formation of a conceptual basis for the use of information technologies in civil proceedings in relation to the principles of civil proceedings in their systemic understanding, which will take into account the interrelationship and impact of one change on another change. This will ensure the rational use of information technologies, preserving the basic principles of civil justice. The object is the legal relations that arise between the court and other participants in the process, related to the implementation of the principles of civil justice when using information technologies to resolve civil cases. The subject was civil procedural legal relations in the context of implementing the principles of civil procedural law when using information technologies in the civil process. The adaptation of the civil process to the use of information technologies is manifested in the presence of program and framework provisions that exist at the state and international level in accordance with the regulatory framework of the European integration of Ukraine. It is indicated that the electronic proof should not necessarily be issued in documentary form. Electronic evidence should be distinguished as an independent type of evidence due to its specific features. The criteria for the admissibility of electronic evidence must be determined in terms of specificity in accordance with the existing evidence criteria. A positive example of the regulation of electronic evidence is the Guidelines of the Committee of Ministers of the Council of Europe on online dispute resolution mechanisms in civil and administrative proceedings, adopted in 2019, which establish legal norms regarding electronic evidence and ensure the most optimal version of use in the civil process. The principles of competitiveness, dispositive, transparency, independence, and availability of electronic evidence were considered. It is noted that, taking into account the systemic nature of the principles of the civil process, in addition to the ones mentioned above, other principles would undergo some transformation.

Perbuatan Melawan Hukum dalam Kasus Pertanahan Studi Perbandingan antara Indonesia dan Prancis

Unlawful Actions (PMH) in land cases is an important issue in the legal system in various countries, including Indonesia and France. Although both countries have similar basic principles regarding PMH, there are fundamental differences in the way they are regulated and implemented, especially in the land context. This research aims to analyze the comparison between the PMH concept in Indonesia and France, with a focus on resolving land disputes. The method used is a comparative approach, comparing the legal provisions applicable in both countries, as well as the dispute resolution mechanisms applied in practice. The research results show that although there are similarities in the aim of protecting land rights and providing compensation to injured parties, each country has different legal characteristics in dealing with unlawful acts in the land context. In Indonesia, dispute resolution is more formal and bureaucratic, while in France it prioritizes mediation and a social approach. Apart from that, the difference in the application of subjective and objective responsibility is also an important differentiating factor in law enforcement related to PMH.

Analysis of Construction Dispute Resolution in the Perspective of Legal Reform Based on Law Number 2 of 2017

Indonesia, as a developing nation, is actively pursuing comprehensive development across various sectors to enhance equitable welfare, particularly through economic projects like office buildings, housing, and infrastructure. The involvement of all societal levels is crucial for ensuring the success of these endeavors. However, economic development often triggers disputes stemming from differing interpretations or contractual provisions. This study focuses on analyzing reforms in construction dispute resolution under Law No. 2 of 2017, utilizing a quantitative survey approach. The Construction Services Acts of 1999 and 2017 marked significant shifts in philosophical outlook and dispute resolution mechanisms. Findings indicate that the 2017 Act emphasizes non-litigious settlements with a "win-win" approach, though challenges remain regarding the term "court." Despite these challenges, the study acknowledges that Indonesia is progressing towards effective construction dispute resolution. It recommends stricter sanctions for violations of construction agreements to enhance future regulatory frameworks. These insights are vital for legal practitioners and policymakers, aiming to refine mechanisms and raise public awareness on regulatory gaps that hinder sustainable development in Indonesia. The study also categorizes dispute resolution solutions and scrutinizes provisions in Law No. 2 of 2017 concerning defects, nonconformities, weaknesses, and perceived biases. The Act defines a team formed by mutual agreement to oversee Construction Services, tasked with preventing and mediating disputes arising from Construction Work Contracts.

Sulh (Resolution) of Family Dispute and its Application in The Shariah Courts of Malaysia

The resolution of family disputes through Sulh in Malaysia's Shariah courts represents a pivotal area of research that promotes peaceful conflict resolution, preserves familial bonds, and aligns with Islamic teachings and legal principles. This study examines the effectiveness of Sulh as an alternative dispute resolution (ADR) mechanism, emphasizing its capacity to address family conflicts in a culturally sensitive manner. By analyzing data from the Shariah Judiciary Department of Malaysia, which reported a considerable number of successfully resolved Sulh cases in 2021, the research underscores its role in expediting resolutions and alleviating case backlogs in Shariah courts. While Sulh demonstrates notable successes, public confidence in it remains limited compared to traditional litigation methods. The study seeks to identify factors contributing to the success of Sulh, proposing strategies to enhance its accessibility, transparency, and fairness. By offering actionable insights for policymakers, legal practitioners, and court administrators, this research aims to strengthen the Shariah court system's capacity to deliver justice efficiently, foster amicable agreements, and reduce the burden of extended litigation. Furthermore, the findings provide a foundation for legislative and legal reforms, including the development of comprehensive laws, guidelines, and training programs tailored to Sulh procedures. Ultimately, this research aspires to elevate public awareness and acceptance of Sulh as an effective ADR mechanism within the Islamic legal framework, promoting its broader adoption and understanding among Malaysians.

Criminalization of traditional practices as a facet of cultural genocide: the case of enbedade amongst the Amhara community in Ethiopia

ABSTRACT The Amhara people of Ethiopia have faced a series of systemic assaults on their cultural, social, and political structures over the past decades, reflecting a broader pattern of ethnic and political discrimination. During the Tigray People’s Liberation Front (TPLF) regime (1991–2018), the Amhara community experienced severe marginalization and systematic suppression of their cultural practices. The criminalization of ènbedãdé epitomized the deliberate effort to undermine Amhara’s identity and influence. Since 2018, the situation has further deteriorated under the Oromumma regime, with accusations of ethnic cleansing, forced displacement, and targeted violence against the Amhara population. This regime has also employed deceitful mediation tactics, manipulating respected elders and religious leaders to capture and imprison opposition figures, thereby eroding traditional conflict resolution mechanisms. Concurrently, the Ethiopian government’s foreign policy has isolated the Amhara, exacerbating their vulnerability through hostile regional relations and historical distortions. The systematic attacks on Amhara culture and social cohesion, emphasize the concerted efforts to dismantle their historical and cultural identity. The ongoing marginalization, both internally and externally, has led to profound disintegration within the Amhara community, highlighting the need for international recognition and intervention to address these injustices.

Legal Certainty For Investment-Based on Insurance Policy Holders (UNITLINKS) After The Establishment of Alternative Institutions For Financial Services Dispute Settlement (LAPS SJK)

Legal certainty is a justifiable protection against arbitrary actions which means that someone will be able to get something that is expected under certain circumstances. The problem is How is the legal certainty of unitlink dispute resolution after the establishment of Alternative Dispute Resolution Agency in the Financial Service Sector (LAPS SJK). The method in writing is by using a normative juridical approach. Legal certainty related to institutional certainty has been represented by the existence of this LAPS SJK. LAPS SJK which is an integrated dispute resolution with this dispute resolution will be faster because it has been centralized considering the increasing number of hybrid financial products. The legal basis for the LAPS SJK is regulated in POJK Number 61/POJK.07/2020 concerning Alternative Institutions for Settlement of Financial Services Sector Disputes. The urgency of the LAPS SJK is needed because of the current condition of the financial services industry, financial services and products that are hybrid or integrated with each financial service sector. The existence of the LAPS SJK provides legal certainty in the dispute resolution mechanism. The principles of this institution are independent, fair, effective and efficient and easily accessible.Policyholders should agree with insurance companies to use LAPS SJK in resolving unitlink insurance disputes, because this forum will provide legal certainty by providing fair and objective solutions. OJK and LAPS SJK further socialize the existence of LAPS SJK. As far as possible for dispute resolution when it cannot be reached internally with the insurance company, the parties choose LAPS SJK by ringing the clause in the unitlink insurance policy.

Peran Human Relation dalam Menciptakan Lingkungan Kerja yang Harmonis dan Produktif

This study highlights the importance of implementing human relations principles in creating a harmonious and productive work environment. Open communication, empathy, and constructive conflict management were found to be key factors in building positive work relationships between employees and managers. Employees who feel valued and listened to tend to be more engaged in their work, increasing motivation and morale, which ultimately impacts the performance of the team and the organization as a whole. In addition, effective conflict management can strengthen interpersonal relationships and create a work atmosphere that is more conducive to collaboration and innovation. This study also shows that poorly managed conflict can damage work relationships and reduce productivity. In such situations, a tense work environment can lower employee morale, increase turnover rates, and hinder the achievement of organizational goals. Therefore, organizations need to actively develop strategies that support clear and effective communication, as well as pay attention to employee emotional well-being. Building an inclusive work culture and providing constructive conflict resolution mechanisms are essential to maintaining the stability and sustainability of productivity in the long term.

Transboundary Climate-Induced Migration: the Need for a Legally Binding International Framework and a Dispute Settlement Mechanism

Transboundary Climate Migration (‘TCM’) is projected to become an increasingly disconcerting consequence of climate change, with human settlements being displaced erratically. The absence of an international legal regime that systematizes such migratory patterns has the potential to worsen the impacts of climate change on marginalized climate migrants, especially those hailing from the Global South. While multiple suggestions have been made as to the nature of an instrument regulating TCM, these need to be comparatively analysed on the basis of feasibility, efficiency, and adherence to the imperative of ‘international cooperation’ to determine the most appropriate apparatus. Moreover, given that disputes involving nation-states and climate migrants are a foreseeable likelihood, the next important enquiry lies in the type of dispute resolution mechanism that the legal apparatus for regulating TCM should opt for. While the International Court of Justice (‘ICJ’) possesses broad powers in resolving international disputes, including certain landmark environmental disputes, does it have the capacity to delve into fact-intensive and time sensitive disputes emanating from TCM? If not, how suitable can arbitration be in resolving TCM disputes efficiently?

JIRGA IN AFGHANISTAN: ITS FUNCTIONS, CONTEMPORARY CHALLENGES, AND FUTURE PROSPECTS

The Afghan “Jirga” system is considered one of the most ancient and well-respected institutions widely used for resolving civil and criminal disputes. The Jirga operates on a basic mechanism, which includes local customs and traditions. It offers swift, accessible, and affordable justice to the local communities. This paper aims to examine the Jirga, and its functions as a traditional mechanism for dispute resolution while identifying contemporary challenges, and evaluating their prospects in Afghanistan. The study seeks to provide insights into how the Jirga system can evolve to meet modern demands while preserving its cultural significance and effectiveness in local dispute resolution. The research adopts a non-doctrinal and library-based research methodology. The research used explanatory, descriptive, and analytical approaches. Non-doctrinal legal research adopts an empirical approach, focusing on collecting and analysing data. It employs techniques such as surveys, interviews, observations, and statistical analysis to gain insights into the dynamics between law and society. In this part, some interviews were conducted with the Jirga professionals to collect data. The library-based research involves gathering, explaining, and analytically analysing existing academic and scholarly sources like textbooks, journal articles, authoritative reports, academic conferences, and scholarly databases. Despite its advantages, this paper identified a number of challenges with the Jirga such as human rights concerns, inclusivity, and some contradictions with Shariah provisions and Afghan statutory laws. This research is significant for policymakers, scholars, practitioners, and stakeholders interested in the integration of the traditional justice system with state governance and the promotion of peace and justice in Afghanistan.

Self-Regulation as an Alternative Mechanism of Private Governance and Dispute Resolution in Russia and Kazakhstan

The article seeks to explore self-regulation as an innovative, effective legal mechanism of private governance of any economic or professional activity and dispute resolution, which aims to substitute state regulation and thereby limit state interference in the economy. The research methodology consists of the critical analysis of scholars’ publications, different legislative acts and judicial practice of their enforcement in the Russian Federation and the Republic of Kazakhstan as well as finding legal uncertainties and gaps and making solutions for their settlement in the sphere in question. Special attention is paid to the comparative method. On the examples of the law of these two countries, it is argued that self-regulation as such lays down the freedom of economic activity guaranteed in the constitutional, business and other legislative provisions and stipulates uniting the subjects of economic or professional activity within a self-regulatory organization mainly under the scope of corporate law. It includes (a) setting standards and other rules for pursuing any economic or professional activity by members of a self-regulatory organization; (b) monitoring compliance with such requirements and applying different alternative methods of resolution of legal disputes with the participation of its members. Such corporate normative acts adopted by non-governmental actors are suggested to be recognized as a specific type of source of private law to be clearly enshrined in the present legislation of the Russian Federation and the Republic of Kazakhstan. Unlike recommendatory documents of most non-profit organizations, they are mandatory and can be enforced through legal instruments determined in the special legislation on self-regulation. It allows the proper balance of private and public interests under the joint state and private governance of economic and professional activities. The article also stipulates enlarging the application of self-regulation to digital and other new spheres, which require a lot of rules to be adopted.

Negotiating through the Intervention of A Third Party: The Functions of the Mediation During Peaceful Negotiations

Abstract The paper explores the functions of mediation during peaceful negotiations with a focus on the roles and models of intervention by a Third Party. The paper aims particularly to identify the conditions for the success or failure of negotiations accompanied by the model of Third-Party intervention in mediating peaceful settlements during armed conflicts. Apart from the method of mediation through the contrast approach, it also analyzes the differences with other mechanisms of conflict resolution including arbitration and litigation. It looks closely at the two different Third-Party roles: with authority, and third-party roles without authority. The latter option gravitates more towards mediation functions. As the factor of culture will also often affect how early in a dispute’s history third parties become involved, the paper also identifies which Third Party roles are available to disputants, as well as the third party’s inclination to focus on interests and rights. Through the method of a case study of the peaceful negotiations for achieving the Ohrid Framework Agreement (which stopped the armed conflict of 2001 in North Macedonia) the paper explores the comparative functions of the intervention by the international envoys in the capacity of a Third Party.