谈判、仲裁和司法裁决是和平解决海洋争端的常用方法。实践表明,谈判有很大难度,而仲裁和司法解决有比较大的不可预测性和不可控性。调解居于仲裁(含司法解决)与谈判中间,程序上有像仲裁之处,实质上是谈判的辅助措施,且有可控性,其成果除了双方届时接受以外,不具有约束力。《联合国海洋法公约》鼓励争端各方采用自愿调解,规定排除于有约束力程序管辖外的一些争端可以诉诸强制调解,并且对自愿与强制调解的程序作了一定的规定。 Negotiations, arbitrations and judicial decisions are common methods for the peaceful settlement of maritime disputes. Practice shows that the negotiation is very difficult, while the arbitration and judicial settlement are rather unpredictable and uncontrollable. Mediation resides in the middle of arbitration (including judicial settlement) and negotiation. There are procedures like arbitration. It is essentially an adjunct to negotiations and is controllable. Its achievements are not binding except as the two sides will accept otherwise. The United Nations Convention on the Law of the Sea encourages all parties to the dispute to adopt voluntary conciliation and provides for certain disputes that may be excluded from the jurisdictional jurisdiction of the binding procedure to be resorted to forcible conciliation and to stipulate the procedures for voluntary and compulsory conciliation.