2015•SSRN Electronic JournalOpen access

China’s Grand Mediation Strategy for Social Stability: A Study on Out-of-Court Mediation Procedures

Peter C.H. Chan

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Abstract

This article discusses the link between out-of-court mediation and civil proceedings within the context of a centralized mediation policy that seeks to preserve social stability in present-day China. Such a policy, which pushed for the settlement of disputes out-of-court, raises concern that courts will refuse to docket cases with legitimate causes of action. The article explains the intricate procedural issues of out-of-court mediation processes (commonly conducted by People’s Mediation Commissions) and explores the negative impact of this centralized mediation policy on access to justice in China.

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This article discusses the link between out-of-court mediation and civil proceedings within the context of a centralized mediation policy that seeks to preserve social stability in present-day China. Such a policy, which pushed for the settlement of disputes out-of-court, raises concern that courts will refuse to docket cases with legitimate causes of action. The article explains the intricate procedural issues of out-of-court mediation processes (commonly conducted by People’s Mediation Commissions) and explores the negative impact of this centralized mediation policy on access to justice in China.

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Available abstract

This article discusses the link between out-of-court mediation and civil proceedings within the context of a centralized mediation policy that seeks to preserve social stability in present-day China. Such a policy, which pushed for the settlement of disputes out-of-court, raises concern that courts will refuse to docket cases with legitimate causes of action. The article explains the intricate procedural issues of out-of-court mediation processes (commonly conducted by People’s Mediation Commissions) and explores the negative impact of this centralized mediation policy on access to justice in China.

Key concepts: Mediation, Transformative mediation, Political science, Settlement (finance), China, Action (physics), Context (archaeology), Law

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