from Part III - Legal Framework of Mediation in China
Published online by Cambridge University Press: 23 October 2025
Chapter 4 provides a systematic overview of the legal framework governing mediation in China. It categorises mediation into different styles and types, such as evaluative and facilitative mediation, and discusses how these are applied within the Chinese legal context. The chapter explores the regulatory systems underpinning mediation, including the judicial interpretations provided by the Supreme People’s Court and local legislative efforts. A significant portion of the chapter is dedicated to analysing the latest developments and challenges in the legislation of commercial mediation in light of the Singapore Mediation Convention. The concept of ‘politically correct pragmatism’ is highlighted, showcasing how political correctness and pragmatic flexibility dynamically interact within mediation legal rules. This comprehensive review of mediation regulations provides readers with a detailed understanding of the Chinese ADR system, emphasising its unique characteristics and the interplay between state law and local practices.
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