Mediation and Law in China

ISBN-13: 9781032472713 / Angielski

Liao Yong'an;Wang Cong;Duan Ming

Opis

This two-volume set investigates the concept, institutionalization, models and mechanism of mediation, an important form of alternative dispute resolution within China's legal system. 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. Seeking to explore how mediation has developed in order to function in a modernized society, the first volume looks into the legal foundations of Chinese mediation as well as paths to the institutionalization and professionalization of mediation. The second volume examines the development of diversified dispute resolution via the elucidation of eight major types of mediation in China. By reviewing its history and enquiring into trends and prospects, the authors seek to establish a mediation system that incorporates diversified models, institutionalized and noninstitutionalized approaches, changing contexts, and a range of dimensions for 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.

Spis treści

Volume I  1. Re-discovering of Legal Principles of Mediation in China  2. Transformation and Remolding of China’s Traditional Mediation Idea  3. New Ideas and New Thinking of China’s Modern Mediation  4. Transformation and Changes of Mediation Model in China  5. Road for Professionalization of Mediation in China  6. Practical Exploration of Mediation Procedural Prerequisite in China  7. Basic Conception for Formulation of Mediation Law in China  8. Structuring of Mediation Discourse System with Chinese Characteristic  Volume II  1. Changes and Transformations in People's Mediation  2. The Rise, Fall, and Reform of Court Mediation  3. The History and Revival of Administrative Mediation  4. The Dilemma and the Way Forward for Industry Mediation  5. The Challenges of Internationalizing Commercial Mediation: Analysis based on the Singapore Convention on Mediation  6. Paradoxes and Crackdowns in Lawyer Mediation  7. The Rise and Regulation of Online Mediation  8. The Practice and Development of the Combination of Arbitration and Mediation  9. Reinventing and Integrating the Mediation System