Mediation and Law in China I: The Past, Present, and Future

By: Liao Yong’an and Wang Cong

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Synopsis: As the first volume of a two-volume set on mediation in China, this book examines the legal foundations of Chinese mediation and feasible paths to the institutionalization and professionalization of mediation.Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern” in nature. The first volume discusses the legal principles that underpin mediation in China, rooted in a legal tradition that pursues the rule of law and morality as well as the concept of harmony in Chinese society. It first revisits traditional notions and models of Chinese mediation and then puts forward approaches to innovating the concept, institutionalization, and mechanism of mediation. The book also discusses how to promote professionalization and special legislation dedicated to mediation in China, thus establishing a mediation system that fits into and is properly tailored for Chinese society. It introduces diverse styles of mediation and social governance in different cultural contexts and demonstrates the effectiveness of China's experience in dealing with a litigious society.This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.