The Philosophical Underpinning and General Workings of Chinese Mediation Systems: What Lessons Can American Mediators Learn?

Authors

Kevin C. Clark

Document Type

Article

Abstract

Of the various ADR processes available to the disputant seeking ADR, mediation has arguably become the "process choice of today" because -it is a very dynamic, user-friendly process" with a high success rate. Despite its recent successes, however, mediation is not a modern creation. It has been used for centuries in places all around the world. One of these places is China. This article introduces the reader to the philosophical underpinnings of the Chinese legal system as it relates to mediation and the general workings of the Chinese mediation model. It is the author's thesis that as western nations enthusiastically urge China to adopt western style adjudicative systems and the rule of law in order to facilitate Chinese participation in the global economy, those same nations are missing the opportunity to learn about one of the world's most successful mediation systems. Essentially, as the West tells China, "You can learn from the way we operate," the West misses that it can learn from the way China operates. The end result of this study is a wide-ranging list of lessons that American mediators can learn from China.

Recommended Citation

Kevin C. Clark, The Philosophical Underpinning and General Workings of Chinese Mediation Systems: What Lessons Can American Mediators Learn?, 2 Pepp. Disp. Resol. L.J. Iss. 1 (2001)
Available at: https://digitalcommons.pepperdine.edu/drlj/vol2/iss1/5