Mediation and the Rule of Law: The Chinese Landscape

Dispute Resolution: Alternatives to Formalization edited by Joachim Zekoll, Moritz Bälz and Iwo Amelung (Brill 2014)

22 Pages Posted: 13 May 2014

See all articles by Fu Hualing

Fu Hualing

The University of Hong Kong - Faculty of Law

Date Written: May 11, 2014

Abstract

This chapter first explores the multi-layered relationship between mediation and the alternative of more rule-based litigation in the emerging legal system in China. It then identifies the core features of mediation as it is practiced in China, followed by a critical examination of state-imposed mediation and its social and political impact. The principal goal of this chapter is to uncover the strong state interest in promoting and implementing mediation in China and to scrutinise the impact of state-imposed mediation on dispute resolution in general and the court system in particular. Without denying the value of mediation in bringing peace in individual cases, this chapter focuses on the political dimension of mediation.

Keywords: mediation, access to justice, courts, grand mediation, court-based mediation, stability

Suggested Citation

Hualing, Fu, Mediation and the Rule of Law: The Chinese Landscape (May 11, 2014). Dispute Resolution: Alternatives to Formalization edited by Joachim Zekoll, Moritz Bälz and Iwo Amelung (Brill 2014), Available at SSRN: https://ssrn.com/abstract=2435724

Fu Hualing (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01245

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