MEDIACIJA IN ARBITRAŽA – S KITAJSKE PERSPEKTIVE

The Chinese Model in Integrating Mediation into Arbitration - Ideology and Practice

Ying Zhao

Mediation, as an alternative dispute resolution mechanism, has been accorded with unprecedented attention worldwide , mostly attributable to its flexibility and efficiency. Such trend can also be reflected in UNCITRAL’s endeavours on a possible international convention on enforcement of settlement agreements resulting from mediation. This article explores the quest for a Chinese perspective on mediation, in particular its successful approach of integrating mediation into arbitration, with a highlight on practices that are culturally appropriate for the Chinese context in this regard. Meanwhile, as China is pacing up with its “making mediation a priority” policy in the field of civil and commercial disputes, it is also important to take note of the implication of current legal framework on mediation.