individual countries but is a collective predicament that requires mutual agreement and collaboration. Mediation brings disparate parties together under a common goal. Through a neutral mediator, nations and entities (including a broad range of stakeholders) can work towards mutually beneficial solutions, building trust and understanding in the process. In situations where states might be wary of litigation due to potential losses or power dynamics, mediation can offer a collaborative environment, emphasising shared interests over confrontation. 2.Cultivating constructive dialogue: Climate change disputes are often mired in deeply held beliefs, historical grievances and intricate policy frameworks. They might involve a developed nation with a significant carbon footprint against a developing one that seeks economic growth but is vulnerable to climate change. Or they might involve indigenous communities and multinational corporations. In such diverse settings, dialogue becomes paramount. ADR processes, especially mediation, emphasise open communication and consensus building, allowing parties to express concerns, understand opposing viewpoints and jointly explore innovative solutions. This dialogue-centric approach is invaluable in breaking impasses and dispelling misunderstandings. 3.Swift and proactive action: The urgency of climate change necessitates swift resolutions to disputes. Traditional litigation can be time-consuming and divisive. ADR methods, on the other hand, can be notably faster and more flexible. Early facilitated negotiation, for instance, can prevent conflicts from escalating by addressing them in nascent stages. By focusing on actionable solutions rather than drawn-out legal battles, ADR ensures that precious time is spent on implementing measures rather than just debating them. 4. Cost-effective and inclusive: ADR techniques, and in particular mediation and facilitated negotiation, can be more cost-effective than litigation. This means that parties with fewer resources, such as smaller nations or grassroots 54 LAWYER MONTHLY OCTOBER 2023
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