Duan Ming - Böcker

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.

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.