Mediation in China – Past and Present

Although research has provided many important insights into the mediation system, detailed study in the following areas is lacking: how did the concept of mediation take root and serve its purpose in ancient Chinese society? How did traditional mediation succeed in finding a place in the modern Chinese legal system designed around Western models? Does the Chinese mediation system serve the very same purposes as the Western alternative dispute resolution (ADR) movement of the 1970s and 1980s and restorative justice of recent years? This paper analyses societal mediation (minjian tiaojie), semi-official mediation (banguan banmin tiaojie) and court mediation (guanfu tiaojie) in ancient China based on existing findings and expounds how the traditional model is thriving in modern China as well as the reasons for its resilience. In addition, the paper highlights the revamping and resurrection of traditional mediation in modern China and elucidates the edifying value it offers for mediation practice in the West.