Conditions and factors for the success of mediation as a means of settling international disputes

The frequent occurrence of problems between subjects of international law, whether States or international organizations, requires resorting to non-traditional solutions such as good offices, mediation or through regional or international organizations. In order to increase the role of the state more in solving these problems, it has worked to reduce the number of cases, presented to the judiciary, and to end them in the bud, which was confirmed by the drafters of the Constitution of the French Revolution when discussing the laws of August 16 and 24, 1790 by saying: The state must tell the disputants that in order to reach the temple of justice, it is necessary to pass through the temple of peace, and I hope that by passing through this temple you will reconcile and your dispute will end." In fact, the backlog of cases and the slow adjudication of cases before the judiciary are not limited to one country without the other. This is no longer the case of the State alone capable of dealing with the resolution of disputes, especially with the continuous development in trade and domestic and international investment, which has generated complexity in transactions and the need for speed in ending these disputes, and therefore it has become clear that mediation - mediation as a key factor for the large number of international commercial transactions recently - has had a positive impact on alternative means of dispute resolution and development.