Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Mediation in China – Past and Present

Mediation in China – Past and Present AbstractAlthough research has provided many important insights into the mediation system, detailed study in the following areas is lacking: how did the concept of mediation take root and serve its purpose in ancient Chinese society? How did traditional mediation succeed in finding a place in the modern Chinese legal system designed around Western models? Does the Chinese mediation system serve the very same purposes as the Western alternative dispute resolution (ADR) movement of the 1970s and 1980s and restorative justice of recent years? This paper analyses societal mediation (minjian tiaojie), semi-official mediation (banguan banmin tiaojie) and court mediation (guanfu tiaojie) in ancient China based on existing findings and expounds how the traditional model is thriving in modern China as well as the reasons for its resilience. In addition, the paper highlights the revamping and resurrection of traditional mediation in modern China and elucidates the edifying value it offers for mediation practice in the West. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asia Pacific Law Review Taylor & Francis

Mediation in China – Past and Present

Asia Pacific Law Review , Volume 17 (sup1): 29 – Dec 1, 2009

Mediation in China – Past and Present

Asia Pacific Law Review , Volume 17 (sup1): 29 – Dec 1, 2009

Abstract

AbstractAlthough research has provided many important insights into the mediation system, detailed study in the following areas is lacking: how did the concept of mediation take root and serve its purpose in ancient Chinese society? How did traditional mediation succeed in finding a place in the modern Chinese legal system designed around Western models? Does the Chinese mediation system serve the very same purposes as the Western alternative dispute resolution (ADR) movement of the 1970s and 1980s and restorative justice of recent years? This paper analyses societal mediation (minjian tiaojie), semi-official mediation (banguan banmin tiaojie) and court mediation (guanfu tiaojie) in ancient China based on existing findings and expounds how the traditional model is thriving in modern China as well as the reasons for its resilience. In addition, the paper highlights the revamping and resurrection of traditional mediation in modern China and elucidates the edifying value it offers for mediation practice in the West.

Loading next page...
 
/lp/taylor-francis/mediation-in-china-past-and-present-MDTiTKbHYS

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Taylor & Francis
Copyright
© 2009 LexisNexis
ISSN
1875-8444
eISSN
1019-2577
DOI
10.1080/10192557.2009.11788203
Publisher site
See Article on Publisher Site

Abstract

AbstractAlthough research has provided many important insights into the mediation system, detailed study in the following areas is lacking: how did the concept of mediation take root and serve its purpose in ancient Chinese society? How did traditional mediation succeed in finding a place in the modern Chinese legal system designed around Western models? Does the Chinese mediation system serve the very same purposes as the Western alternative dispute resolution (ADR) movement of the 1970s and 1980s and restorative justice of recent years? This paper analyses societal mediation (minjian tiaojie), semi-official mediation (banguan banmin tiaojie) and court mediation (guanfu tiaojie) in ancient China based on existing findings and expounds how the traditional model is thriving in modern China as well as the reasons for its resilience. In addition, the paper highlights the revamping and resurrection of traditional mediation in modern China and elucidates the edifying value it offers for mediation practice in the West.

Journal

Asia Pacific Law ReviewTaylor & Francis

Published: Dec 1, 2009

There are no references for this article.