Mediation as Dispute Resolution in People’s Mining

Abstract

People’s mining contributes to conflict and environmental degradation, particularly in developing nations. This is a socio-legal study. The study’s findings indicate that mediation is viable, cost-effective, and respectful for resolving smallholder mining disputes. Mediation is a voluntary procedure involving a neutral third party to reach an acceptable solution for both parties. The advantages of mediation include time and cost savings, the maintenance of relationships between parties, the incorporation of local knowledge and cultural practices, the promotion of environmental sustainability, and the facilitation of the development of legal and regulatory frameworks that support the sustainable development of smallholder mining communities. Although mediation faces obstacles such as a lack of trained mediators, potential power imbalances between parties, and the need for trust and cooperation, its usefulness in resolving conflicts and preserving the environment makes it essential for promoting sustainable development.