The jurisprudence of responsive mediation
An empirical examination of Chinese people's mediation in action
Bibliographic Data
| ID | 14799823 |
|---|---|
| Authors | Shahla Ali, Shahla F Ali (0000-0001-8688-158X, Chinese University of Hong Kong, corresponding author) |
| Year | 2013 |
| Volume | 45 |
| Issue | 2 |
| Pages | 227-248 |
| Publication date | 2013-07-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The Journal of Legal Pluralism and Unofficial Law (JOURNAL) |
| Journal identifiers | ISSN: 0732-9113 • E-ISSN: 2305-9931 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/07329113.2013.796759 |
| OpenAlex | W2145962074 |
| Language | EN |
| Citations received | 2 |
| References cited | 13 |
Community mediation in China has a long history and finds its roots in both cultural (traditional Confucian ideologies) and functional (the avoidance of social conflicts) aims. Recently, however, owing to changes in societal values occurring alongside China's economic open-door policy, traditional values are losing their prominent role in the mediation process. Meanwhile, reforms are being carried out to provide greater structure to community mediation in China. The combination of these changes has resulted in struggles to redefine the place and role of mediation in China. While the flexibility and responsiveness of mediation allows a contextualized and ‘learning mode of legal intervention’, it is at risk of being a ‘precarious ideal’ that lacks precision. Nevertheless, empirical research shows that a new version of mediation which is embedded in the ‘rule of law’ is emerging and that responses from mediators in relation to this new mode of mediation are positive, reporting enhancement in both objectivity and legitimacy. This paper seeks to explore the unique challenges and opportunities of achieving responsive mediation in action in China. Drawing on a set of interviews and a case study conducted in three cities in China, the paper aims to contribute to the legal pluralism discourse by examining how mediation in China, traditionally an ‘unofficial’ form of legal practice is now becoming ‘official’ through state sanction and how mediators interact with traditional Confucian normative orders in the context of changing social priorities and values. This paper is divided into three parts: Part I discusses briefly the jurisprudence of responsive law; Part II examines contemporary mediation policy in China which echoes in many respects the goals and challenges of responsive law and Part III provides an empirical exploration of the challenges of applying responsive law ideals in practice
Alternative dispute resolution · China · Empirical research · Epistemology · Jurisprudence · Law and economics · Legal pluralism · Legal profession · Legal realism · Legitimacy · Mediation · Party-directed mediation · Political science · Politics · Rule of law · Sociology · Transformative mediation · Conflict of Laws and Jurisdiction · Dispute Resolution and Class Actions · Law
| Citations per year | 0.2 |
|---|---|
| Citation span | 2016 - 2021 (6) |
| Highly cited | No |