A Distorted Mediation Landscape: Judicial Mediation in the Chinese Civil Court
Nederlands-vlaams Tijdschrift voor Mediation en Conflictmanagement (TMD) [Dutch-Flemish Journal for Mediation and Conflict Management], Vol. (20) 3, 2016, p. 6-18.
20 Pages Posted: 7 Feb 2019
Date Written: January 23, 2015
Abstract
It is fair to say that contemporary civil justice in China is in a state of flux. On the one hand, the leadership of China’s court system emphasizes the need to achieve the independence of the adjudicative process and establish a culture of rendering correct judgments; on the other hand, the established culture of preferring mediation formulated under the preceding leadership of the judiciary continues to affect the way civil justice is delivered in China. This paper discusses the tension between the two.
Keywords: Chinese Civil Justice; Judicial Mediation; Judicial Policies; Judicial Politics
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