Mediation and Law in China II: Development and Integration

ISBN-13: 9781032473529 / Angielski / Twarda / 2023 / 336 str.

Liao Yong'an; Tianheng Qi; Duan Ming

Opis

As the second volume of a two-volume set on mediation in China, this book examines the development of a diversified dispute resolution regime and other major types of mediation in China.
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. This second volume focuses on eight types of mediation prevalent in China in terms of its formation, development, challenges and achievements: people's mediation, court mediation, administrative mediation, industry mediation, commercial mediation, lawyer mediation, online mediation, and a combination of arbitration and mediation. In analyzing these diversified forms of mediation, the authors explain the necessity of integrating emerging forms of mediation with historical ties and traditional practice and thereby reshape a mediation system that incorporates diversified approaches, changing contexts and various dimensions including history and reality, theory and practice, state and 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

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