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Author: Liao Yong’an
Publisher: Taylor & Francis
ISBN: 1000869857
Category : Law
Languages : en
Pages : 236
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Book Description
As the first volume of a two-volume set on mediation in China, this book examines the legal foundations of Chinese mediation and feasible paths to the institutionalization and professionalization of mediation. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern” in nature. The first volume discusses the legal principles that underpin mediation in China, rooted in a legal tradition that pursues the rule of law and morality as well as the concept of harmony in Chinese society. It first revisits traditional notions and models of Chinese mediation and then puts forward approaches to innovating the concept, institutionalization, and mechanism of mediation. The book also discusses how to promote professionalization and special legislation dedicated to mediation in China, thus establishing a mediation system that fits into and is properly tailored for Chinese society. It introduces diverse styles of mediation and social governance in different cultural contexts and demonstrates the effectiveness of China's experience in dealing with a litigious society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.
Author: Liao Yong’an
Publisher: Taylor & Francis
ISBN: 1000869857
Category : Law
Languages : en
Pages : 236
Get Book
Book Description
As the first volume of a two-volume set on mediation in China, this book examines the legal foundations of Chinese mediation and feasible paths to the institutionalization and professionalization of mediation. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern” in nature. The first volume discusses the legal principles that underpin mediation in China, rooted in a legal tradition that pursues the rule of law and morality as well as the concept of harmony in Chinese society. It first revisits traditional notions and models of Chinese mediation and then puts forward approaches to innovating the concept, institutionalization, and mechanism of mediation. The book also discusses how to promote professionalization and special legislation dedicated to mediation in China, thus establishing a mediation system that fits into and is properly tailored for Chinese society. It introduces diverse styles of mediation and social governance in different cultural contexts and demonstrates the effectiveness of China's experience in dealing with a litigious society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.
Author: Liao Yong’an
Publisher: Taylor & Francis
ISBN: 100087057X
Category : Law
Languages : en
Pages : 270
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Book Description
As the second volume of a two-volume set on mediation in China, this book examines the development of a diversified dispute resolution regime and other major types of mediation in China. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern” in nature. This second volume focuses on eight types of mediation prevalent in China in terms of its formation, development, challenges and achievements: people's mediation, court mediation, administrative mediation, industry mediation, commercial mediation, lawyer mediation, online mediation, and a combination of arbitration and mediation. In analyzing these diversified forms of mediation, the authors explain the necessity of integrating emerging forms of mediation with historical ties and traditional practice and thereby reshape a mediation system that incorporates diversified approaches, changing contexts and various dimensions including history and reality, theory and practice, state and society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.
Author: Yongan Liao
Publisher:
ISBN: 9781032478302
Category : Conciliation (Civil procedure)
Languages : en
Pages : 0
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Book Description
"This two-volume set investigates the concept, institutionalization, models and mechanism of mediation, an important form of alternative dispute resolution within China's legal system. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be 'Eastern' in nature. Seeking to explore how mediation has developed in order to function in a modernized society, the first volume looks into the legal foundations of Chinese mediation as well as paths to the institutionalization and professionalization of mediation. The second volume examines the development of diversified dispute resolution via the elucidation of eight major types of mediation in China. By reviewing its history and enquiring into trends and prospects, the authors seek to establish a mediation system that incorporates diversified models, institutionalized and noninstitutionalized approaches, changing contexts, and a range of dimensions for society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China's dispute resolution policy, law, and practice"--
Author: Weixia Gu
Publisher: Routledge
ISBN: 9780367698836
Category :
Languages : en
Pages : 0
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Book Description
This book focuses on the law and development of major dispute resolution mechanisms in China, examining the design and legal framework of civil litigation, arbitration and mediation, their operations, challenges, and past-decade reforms.
Author: Yongan Liao
Publisher:
ISBN: 9781032478319
Category : Conciliation (Civil procedure)
Languages : en
Pages : 0
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Book Description
"This two-volume set investigates the concept, institutionalization, models and mechanism of mediation, an important form of alternative dispute resolution within China's legal system. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be 'Eastern' in nature. Seeking to explore how mediation has developed in order to function in a modernized society, the first volume looks into the legal foundations of Chinese mediation as well as paths to the institutionalization and professionalization of mediation. The second volume examines the development of diversified dispute resolution via the elucidation of eight major types of mediation in China. By reviewing its history and enquiring into trends and prospects, the authors seek to establish a mediation system that incorporates diversified models, institutionalized and noninstitutionalized approaches, changing contexts, and a range of dimensions for society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China's dispute resolution policy, law, and practice"--
Author: Yun Zhao
Publisher: Springer Nature
ISBN: 9811921121
Category : Law
Languages : en
Pages : 160
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Book Description
The book examines the development and application of mediation in China (including Hong Kong). As a popular mechanism for dispute resolution in Chinese history, mediation is believed to be an important process for realizing the official goal of social harmony. Following an overview of the current situation in mainland China and Hong Kong, the book looks into specific legal issues in the application of mediation and the practical use of mediation in specific lines of businesses. The book can serve as an important reference book on the law and practice of mediation in mainland China and Hong Kong for scholars, practitioners, as well as students of mediation and alternative dispute resolution.
Author: Martin C. Euwema
Publisher: Springer
ISBN: 3319925318
Category : Psychology
Languages : en
Pages : 339
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Book Description
This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.
Author: Peter C.H. Chan
Publisher: Martinus Nijhoff Publishers
ISBN: 9004342397
Category : Law
Languages : en
Pages : 339
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Book Description
In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers by far one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China.
Author: Bee Chen Goh
Publisher:
ISBN: 9781138380080
Category :
Languages : en
Pages : 168
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Book Description
The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.
Author: Zhiqiong June Wang
Publisher: BRILL
ISBN: 900433128X
Category : Law
Languages : en
Pages : 339
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Book Description
This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.
