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Article: The jurisprudence of responsive mediation: An empirical examination of Chinese people's mediation in action

TitleThe jurisprudence of responsive mediation: An empirical examination of Chinese people's mediation in action
Authors
KeywordsChinese law
Grass roots mediation
Empirical methods
Jurisprudence
Responsive law
Issue Date2013
PublisherUniversity of Birmingham, School of Law.
Citation
Journal of Legal Pluralism and Unofficial Law, 2013, v. 45 n. 2 How to Cite?
AbstractCommunity 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.
Persistent Identifierhttp://hdl.handle.net/10722/183631
ISSN
SSRN

 

DC FieldValueLanguage
dc.contributor.authorAli, S-
dc.date.accessioned2013-05-30T03:45:31Z-
dc.date.available2013-05-30T03:45:31Z-
dc.date.issued2013-
dc.identifier.citationJournal of Legal Pluralism and Unofficial Law, 2013, v. 45 n. 2-
dc.identifier.issn0732-9113-
dc.identifier.urihttp://hdl.handle.net/10722/183631-
dc.description.abstractCommunity 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.-
dc.languageeng-
dc.publisherUniversity of Birmingham, School of Law.-
dc.relation.ispartofJournal of Legal Pluralism and Unofficial Law-
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.rightsThis is an electronic version of an article published in Journal of Legal Pluralism and Unofficial Law, 2013, v. 45 n. 2. Journal of Legal Pluralism and Unofficial Law is available online at: http://www.informaworld.com/smpp/ with the open URL of your article.-
dc.subjectChinese law-
dc.subjectGrass roots mediation-
dc.subjectEmpirical methods-
dc.subjectJurisprudence-
dc.subjectResponsive law-
dc.titleThe jurisprudence of responsive mediation: An empirical examination of Chinese people's mediation in actionen_US
dc.typeArticleen_US
dc.identifier.emailAli, S: sali@hku.hk-
dc.description.naturepostprint-
dc.identifier.doi10.1080/07329113.2013.796759-
dc.identifier.hkuros215991-
dc.identifier.volume45-
dc.identifier.issue2-
dc.publisher.placeUnited Kingdom-
dc.identifier.ssrn2268835-
dc.identifier.hkulrp2013/023-

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