On May 20 (local time, GMT+8), China’s Ministry of Foreign Affairs announced that nearly 60 countries from Asia, Africa, Latin America, and Europe, along with around 20 international organizations, including the United Nations, will send high-level representatives to attend the signing ceremony of the Convention on the Establishment of the International Organization for Mediation (IOMed) on May 30 in Hong Kong. An International Mediation Forum was also held that afternoon, focusing on topics such as mediation of inter-state disputes and international investment and commercial conflicts.

The IOMed, jointly initiated by China and 18 other countries in 2022, has undergone nearly three years of negotiations. The member states have reached a consensus on the terms of the convention and plan to formally sign it, with operations scheduled to begin by the end of the year. This signals the quiet rise of a new force in the global dispute resolution landscape.

Mediation is one of the key methods of dispute resolution enshrined in the UN Charter. It emphasizes peaceful resolution, respects the will of the parties involved, and offers unique advantages such as greater flexibility, efficiency, lower cost, and more straightforward enforceability. The IOMed adheres to the principles of consultation and joint development, engaging in mediation based on voluntary participation from parties involved in state-to-state, state-investor, and international commercial disputes. It aims to resolve conflicts and clarify disputes through consensus-building. As the world’s first intergovernmental legal organization dedicated solely to mediation, the IOMed will become an important mechanism supporting the goals and principles of the UN Charter, offering nations a new option for resolving disputes.

The decision to establish the IOMed’s headquarters in Hong Kong was based on several considerations. Hong Kong’s rule-of-law foundation and common law system are closely aligned with international norms. It also boasts a wealth of experience in dispute resolution and a strong pool of legal talent. Given that cross-border disputes often involve substantial commercial interests, Hong Kong, being the world’s third-largest financial center, has a mature banking system and free currency exchange mechanisms that ensure mediated agreements can be implemented swiftly. This integration of mediation and finance provides Hong Kong with a natural advantage in implementing international mediation outcomes.

Unlike traditional international courts or arbitration bodies, the IOMed prioritizes “harmony over confrontation,” emphasizing flexibility and promoting dialogue instead of adversarial conflict. This fundamentally differentiates it from institutions like the International Court of Justice, which follow adversarial litigation procedures. Traditional mechanisms rely on treaty-based jurisdiction, often leading to selective participation by major powers and the refusal of key actors to accept jurisdiction. This undermines the effectiveness and enforceability of judgments and arbitral awards. Mediation, by contrast, is not a substitute for legal proceedings; instead, it aims to achieve outcomes without resorting to litigation. It offers parties a non-confrontational alternative before resorting to court or arbitration. By fostering mutual understanding and voluntary agreements, mediation represents an innovative approach to resolving international disputes.

The first 19 participating countries in the IOMed are predominantly from the Global South. Although many of these countries have signed binding treaty mechanisms, they often remain disadvantaged in the international system. Their interests are typically underrepresented in international disputes, and the financial costs of judicial or arbitral proceedings are usually prohibitive. The IOMed aims to build consensus and resolve differences at the lowest possible cost, making it more efficient than adversarial judicial or arbitral mechanisms. The enthusiastic response from many countries in Asia, Africa, and Latin America underscores the value of this new dispute-resolution model. The IOMed reflects a shared international desire for peace, stability, and development, aligning with the global trend toward win-win cooperation. By combining the strengths of multiple legal systems, the IOMed contributes to a fairer and more rational model of global legal governance.

Notably, just one day after the announcement of the IOMed’s impending establishment, Hungary’s parliament voted to withdraw from the International Criminal Court (ICC). While seemingly unrelated, these two events reveal a more profound transformation in the global dispute resolution system. Institutions such as the ICC have long faced criticism for selective justice, often seen as tools used by powerful countries against developing nations. As a result, their credibility and reputation have been severely undermined. Russia and the Philippines have recently withdrawn from the ICC, and the United States has never joined. This disillusionment with traditional international judicial bodies reflects a broader crisis of trust, creating opportunities for emerging multilateral platforms like the IOMed to fill the gap.

However, it is also important to recognize the challenges the IOMed will face after its establishment. Hong Kong’s rule-of-law environment is often questioned by Western countries, who express concerns about potential political interference from Beijing—casting doubts on the IOMed’s neutrality. Additionally, maintaining credibility in the international community and avoiding the pitfalls that have beset other international courts will be one of the IOMed’s toughest long-term challenges.

Looking ahead, the resolution of international disputes may evolve into a multi-track system. On the one hand, traditional court-like institutions, such as the ICC, are in decline due to trust issues. On the other hand, more flexible methods, such as mediation and negotiation, are on the rise. As a representative of this new wave, the IOMed has the potential to become a vital force in global dispute resolution. If more countries support and participate in its development—and if it can function in synergy with existing mechanisms—the IOMed could provide the international community with a more peaceful and effective path for resolving conflicts, playing a greater role in upholding fairness and justice around the world.