TY  - BOOK
AU  - Chan,Peter C.H.
TI  - Mediation in contemporary Chinese civil justice: a proceduralist diachronic perspective 
T2  - Chinese and comparative law series
SN  - 9789004342392
AV  - KNQ1758.S47 
U1  - 347.51/09 23
PY  - 2017///]
CY  - Leiden, Boston
PB  - Brill/Nijhoff
KW  - Mediation
KW  - China
KW  - Dispute resolution (Law)
KW  - Conciliation (Civil procedure)
N1  - Includes bibliographical references and index; Introduction -- Legal History of Civil Mediation in China -- Fundamental Tenets of Contemporary Chinese Civil Justice: Substantive Justice, Material Truth and the Chinese Judicial Mindset -- Connecting China’s Private and Public Spheres of Civil Dispute Resolution: Grand Mediation, People’s Mediation and Social Engineering -- Court Mediation in the ‘Wang Courts’ and the Impact of Wang Shengjun’s Policies on Future Developments -- An Empirical Analysis of Judicial Conciliation in China -- Trial Management in China: The Institutionalization of Judicial Preference for Court Mediation in Civil Litigation – Overview of Principles and Practice -- Conclusion: Seven Areas of Tension in Chinese Dispute Resolution – The Impact on In-court and Out-of-court Mediation -- The Recent Judicial Reforms in China: Its Impact on Civil Justice and Mediation -- Appendices -- Table of Key Statutes, Statutory Instruments, Judicial Interpretations, Rules and Regulations of the Supreme People’s Court and Abbreviations -- Interview Log -- Survey Questionnaires and Master List of Interview Questions -- List of Published Articles by the Author: The Contents of Which Were Cited and/or Repeated in This Book -- Commercial Mediation in China: A Guide for Foreign Enterprises*; Available to subscribing member institutions only
N2  - In Mediation in Contemporary Chinese Civil Justice , Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China
UR  - http://dx.doi.org/10.1163/9789004342392
ER  -