The position of mediation in contemporary Chinese civil justice: a proceduralist perspective

This doctoral dissertation examines the role mediation plays in contemporary Chinese civil dispute resolution. It adopts a procedurals approach supplemented by a qualitative empirical study. The conclusion of the research is that given the current judicial culture that emphasizes the social effect of the civil process, it is not practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution. Rather, mediation is still considered by the establishment as a means to preserve social stability and remains the court’s preferred method for civil dispute resolution.