Mediation and Alternative Dispute Resolution in Modern China

The book explores the development and application of mediation in China, including Hong Kong, as a mechanism for dispute resolution and social harmony. It provides an overview of the current situation, legal issues, and practical applications in various industries.

Format: Hardback
Length: 159 pages
Publication date: 23 April 2022
Publisher: Springer Verlag, Singapore

The book delves into the evolution and practical implementation of mediation in China, encompassing both mainland China and Hong Kong. As a widely embraced method for resolving disputes in Chinese history, mediation holds significant importance in achieving the official objective of social harmony. After providing a comprehensive overview of the current landscape in mainland China and Hong Kong, the book explores intricate legal aspects related to the application of mediation and its practical application across various industries. Serving as a valuable resource for scholars, practitioners, and students alike, this book offers a comprehensive examination of the law and practice of mediation in mainland China and Hong Kong.

Mediation has a rich history in China, dating back to ancient times. In the modern era, mediation has become increasingly popular as a means of resolving disputes. In mainland China, mediation is governed by the Mediation Law of the People's Republic of China, which was promulgated in 2011. The law provides a framework for the practice of mediation and sets forth the qualifications, duties, and powers of mediators.

In Hong Kong, mediation is also governed by the Mediation Ordinance, which was enacted in 1996. The ordinance provides a similar framework for the practice of mediation and sets forth the requirements for mediators.

Mediation is a voluntary process in which an impartial third party, known as a mediator, assists parties in resolving their disputes. The mediator does not make any judgments or give advice but rather helps the parties to communicate and explore possible solutions to their problems.

One of the key advantages of mediation is that it can be a cost-effective and efficient means of resolving disputes. Mediation can be less expensive than litigation and can be completed much more quickly. In addition, mediation can help to preserve relationships between parties, which can be important for businesses and individuals.

Mediation can be used in a wide range of disputes, including family disputes, commercial disputes, and labor disputes. In family disputes, mediation can help to resolve issues such as custody, visitation, and child support. In commercial disputes, mediation can help to resolve issues such as contract disputes, intellectual property disputes, and disputes between businesses. In labor disputes, mediation can help to resolve issues such as wage disputes, discrimination disputes, and disputes between unions and employers.

Mediation is also used in international disputes, particularly in the context of cross-border transactions. In these disputes, mediation can help to facilitate the resolution of disputes in a peaceful and cost-effective manner.

In conclusion, mediation is a widely used and effective means of resolving disputes in China, both mainland China and Hong Kong. The Mediation Law of the People's Republic of China and the Mediation Ordinance in Hong Kong provide a framework for the practice of mediation and set forth the requirements for mediators. Mediation is a voluntary process in which an impartial third party assists parties in resolving their disputes. It can be a cost-effective and efficient means of resolving disputes, and can help to preserve relationships between parties. Mediation can be used in a wide range of disputes, including family disputes, commercial disputes, and labor disputes, and is also used in international disputes.

Weight: 430g
Dimension: 235 x 155 (mm)
ISBN-13: 9789811921117
Edition number: 1st ed. 2022