Mediation in China: Threat to the Rule of Law?

Pißler, Knut Benjamin

doi:10.1093/acprof:oso/9780199653485.003.0019

Cited by 4 publications

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“…Reaching an agreement is a standard to measure the success of mediation (Midgley and Pinzo =n, 2013). In most Chinese mediations, a final legal-binding agreement will be singed to indicate the complete success between the disputants (Pissler, 2013). Referenced to previous measurement of successful mediation, success of mediation was decided on compromises and promises disputants made on the show.…”

Section: Operational Definition Of Study Variables the Degree Of Mediationmentioning

confidence: 99%

“…There were many debates on the merits and drawbacks of the overemphasis on mediation in the judiciary system, but the fact was that mediation was highly praised and favored (Fu and Cullen, 2011;Gallagher and Wang, 2011;Liebman, 2011;Hawes and Kong, 2013). According to relevant statistics in 2007, 16 million disputes were mediated from 2003 to 2006, and the success rate was over 95 per cent (Pissler, 2013).…”

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confidence: 99%

“…After Hu Jintao's reinforcement of "a harmonious society" in 2005, mediation was underlined to a large extent, which was supposed to be beyond the scope of court (Pissler, 2013). Local governments and the public joined the mediation process, even intervening and forcing results to change (Liebman, 2011).…”

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confidence: 99%

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Exploration of factors leading to successful mediation

Zhang

Chen

2017

IJCMA

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Purpose The purpose of this study is to explore possible factors leading to a successful mediation in Chinese mediation shows. In China, media always play an indispensable role in information dissemination, morality advocacy and policy explanation. Design/methodology/approach This paper employed content analysis of 166 episodes of one representative mediation show, Gold Medal Mediation, and regression technique in data analysis. Findings Results of ordinal regression suggested that “secret talking”, rather than transparency, between disputants had significant influence on successful mediation. Function of mediators is limited in reaching full mediation. The effective factors leading to full mediation include compromise of rights, secret talking, attitude of the observer cohort. It suggests that the role of mediator is limited, rather than being over-exaggerated, in successful mediation. The successful mediation is largely dependent on disputants’ motivations. Additionally, “compromise of rights” by disputants is a key factor in solving disputes. Research limitations/implications Findings of this study revealed the role of Chinese mediation shows in propagating mediation in contemporary Chinese society and supporting upheld morality values. Due to the nature of the chosen mediation show, some disputes take more than one episode to solve. However, this study looks at each episode without considering the integrity of the dispute. That is, if the disputes take two episodes, the coder codes the two episodes as two separate disputes instead of looking at it as one dispute. Originality/value By exploring various aspects of mediations shows, including the role of mediators, disputants and a cohort of observers, this study can both explicitly show predicted factors to successful mediations on the shows, and can implicitly examine the power and perceived justification of mediation in contemporary China via media.

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Section: Operational Definition Of Study Variables the Degree Of Mediationmentioning

confidence: 99%

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confidence: 99%

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Exploration of factors leading to successful mediation

Zhang

Chen

2017

IJCMA

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“…Critics of the return of mediation argue that it is a response to an uptick in socially destabilizing petitioning and protests and that legal reform according to Western standards erodes the autonomy of the CCP (Fu and Cullen 2011; Fu forthcoming). They view mediation and informalization as a retreat from commitments to the rule of law (Minzner 2011; Pissler 2012). Such critics echo the sentiments of Laura Nader (1991), who, upon conducting fieldwork among the Zapotec in Mexico in the 1960s, concluded that aversion to conflict exemplifies a “harmony ideology.” She defined this as “an emphasis on conciliation, recognition that resolution of conflict is inherently good and that its reverse—continued conflict or controversy—is bad or dysfunctional” (Nader 1991, 2).…”

Section: Governing Pluralismmentioning

confidence: 99%

Muslim Mandarins in Chinese Courts: Dispute Resolution, Islamic Law, and the Secular State in Northwest China

Erie¹

2015

Law soc. inq.

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Many sociolegal studies have investigated the relationship between state law and informal law, examining alternative dispute resolution and popular justice as intersections between such types of law. However, such questions have received little attention in East Asian authoritarian states. I use the case of dispute resolution among Chinese Muslim minorities (the Hui) to reexamine the relationship between state law and Islamic law. Based on nineteen months of fieldwork in Northwest China, I argue that the Hui case shows codependence between the types of law. Law is deeply embedded in social relationships between the Hui and the party‐state. An analysis of personalistic relationships shows the ways in which religious and secular authorities access each other, transforming each other's law to augment their own legitimacy, but not without the potential for violence. The China case illuminates dynamics between Muslim communities and states that are prevalent elsewhere in the post‐9/11 period.

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“…In their approach to building harmony, mediation seems superior to the rule of law. Mediation was once a frequent strategy in courts, but the scope of mediation was beyond the court to a large extent (Pissler, 2013). The public participated in the mediation process, jeopardizing the autonomy of the law and the court in decision-making (Gallagher & Wang, 2011).…”

Section: Resultsmentioning

confidence: 99%

Mainstream cultural production and audience citizenship

Zhang¹

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Mediation in China: Threat to the Rule of Law?

Cited by 4 publications

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Exploration of factors leading to successful mediation

Exploration of factors leading to successful mediation

Muslim Mandarins in Chinese Courts: Dispute Resolution, Islamic Law, and the Secular State in Northwest China

Mainstream cultural production and audience citizenship

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