Project coordinated by the University of Coimbra aims to use mediation to optimize good practices and pacification in the resolution of maritime disputes

"MediMARE – Mediation in Maritime Affairs” seeks to promote consensual management of maritime disputes

CR
Catarina Ribeiro
16 february, 2023≈ 5 min read

© Joaquim Dâmaso

English version: Diana Taborda

The University of Coimbra (UC) coordinates the project "MediMARE - Mediation in Maritime Affairs", which aims to contribute to enhancing maritime mediation in order to promote consensual management of maritime disputes. Mediation is a multi-stakeholder process; thus, the project is focused on consulting the various parties of the maritime sector and developing trainings and tools that enhance good practices for professional practice in this field, always in the pursuit of pacification.

Maritime disputes are a very complex and technical field, "which may involve the application of different laws from different countries, and also different parties, crossing several boundaries, not only physical but also legal and sociological", explains Dulce Lopes, professor at the Faculty of Law of the University of Coimbra (FDUC) and coordinator of the project. Therefore, "mediation may help to solve issues in a more flexible and peaceful way", adds the researcher of the UC Institute for Legal Research.

Dulce Lopes further says that “the Sea is a wide area in which several interests and projects interact, sometimes pointing out in different directions, showing that knowledge and dissemination of knowledge on maritime issues is tantamount to its dimension and importance as a vital life support system.”.

As for the role of mediation in maritime-related matters, the UC professor explains that "as mediation is a mechanism that promotes a consensus between the interests of the various parties involved (either public or private), it is important to invest in this tool, in order to change behaviours and standards in maritime disputes, distinct from the decisions that may be made through court intervention (even arbitration tribunals), as going to court will not always be enough to understand what kind of measures should be adopted".

"Mediation is applicable to almost any maritime dispute, but can also be of particular interest in environmental disasters, and it may be relevant to use mediation as a mechanism for faster preventive and even reactive or compensatory actions", highlights Dulce Lopes. Mediators specialised in maritime disputes may be called upon by any of the parties involved (for example, fishermen or ship-owners), so that they may help solve the issue without having to resort to court. In addition to environmental disasters, mediators may also have a pivotal role in the resolution of other maritime disputes, "such as, for example, those related to contractual disputes for the transport of goods or people, or civil disputes involving the conflicting use of maritime spaces for various purposes (recreational, fishing, energy production, etc.)".

The project has been engaging with various stakeholders − including fishermen, shipowners, seaports, insurance companies, academics and lawyers − to find out their perceptions of the importance and usefulness of mediation to resolve maritime disputes. This consultation, which is being carried out in Portugal and Norway, has allowed planning a training offer, one of the main contributions that "MediMARE" intends to provide, since "the project team identified a lack of knowledge regarding maritime mediation", the researcher explains.

With this project, the research team intends to "introduce mediation in maritime affairs through several training activities and the development of tools for mediators to develop competences", explains the professor of the University of Coimbra. "The qualification of students and professionals in maritime mediation will fill a gap that we find in mediation, especially in Portugal," further adding that "the end purpose is to provide awareness to this pacification and good-practices tool to create or to contribute to the integration of mediators with specialized competencies in maritime disputes and qualified to act at an international and at a European level, that can be called upon whenever those disputes arise".

Between the 19th and 30th of June 2023, "MediMARE" will promote one of the main contributions of the project: an intensive training programme in maritime mediation, aimed at students, people starting their careers in mediation and mediators from other areas. This training is free of charge and registrations are open until the 30th of April.

In addition to the University of Coimbra, the Polytechnic Institute of Leiria, NOVA School of Science and Technology and NTNU Social Research (from Norway) are also part of the project, funded by the EEA Grants Fund.

Find more about “MediMARE – Mediation in Maritime Affairs” here.

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