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Others: Responsive Jurisprudence: An Empirical Examination of Chinese People's Mediation in Practice

TitleResponsive Jurisprudence: An Empirical Examination of Chinese People's Mediation in Practice
Authors
KeywordsChinese Mediation
Comparative Law
Empirical Legal Studies
ADR
Chinese Law
Issue Date2013
AbstractCommunity mediation in China has a long history and finds its roots in both cultural and functional 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. Whilst 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 3 parts: Part I will discuss briefly the jurisprudence of responsive law; Part II will examine contemporary mediation policy in China which echoes in many respects the goals and challenges of responsive law; and Part III will provide an empirical exploration of the challenges of applying responsive law ideals in practice.
Persistent Identifierhttp://hdl.handle.net/10722/197569
SSRN

 

DC FieldValueLanguage
dc.contributor.authorAli, S-
dc.date.accessioned2014-05-29T06:22:16Z-
dc.date.available2014-05-29T06:22:16Z-
dc.date.issued2013-
dc.identifier.urihttp://hdl.handle.net/10722/197569-
dc.description.abstractCommunity mediation in China has a long history and finds its roots in both cultural and functional 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. Whilst 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 3 parts: Part I will discuss briefly the jurisprudence of responsive law; Part II will examine contemporary mediation policy in China which echoes in many respects the goals and challenges of responsive law; and Part III will provide an empirical exploration of the challenges of applying responsive law ideals in practice.-
dc.languageeng-
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.subjectChinese Mediation-
dc.subjectComparative Law-
dc.subjectEmpirical Legal Studies-
dc.subjectADR-
dc.subjectChinese Law-
dc.titleResponsive Jurisprudence: An Empirical Examination of Chinese People's Mediation in Practiceen_US
dc.typeOthersen_US
dc.identifier.emailAli, S: sali@hku.hk-
dc.description.naturepreprint-
dc.identifier.spage1-
dc.identifier.epage28-
dc.publisher.placeHong Kong-
dc.identifier.ssrn2374273-
dc.identifier.hkulrp2014/002-

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