The Developing Trend of the People's Mediation in China

Abstract

Mediation has long been the preferred method for dispute resolution in China because it serves multiple functions, such as maintaining harmonious social relationships, smoothing away discord, and repressing social conflict. The sustaining forces that support mediation, however, have been weakened since the late 1970s with the profound economic and social transformation, cultural changes, and legal reforms that have taken place in China. As a result, mediation faced unprecedented challenges and was on the wane in the 1990s in urban China and some rural areas. To address this problem, the Chinese government has been making efforts to revitalize mediation since the late 1990s. This study discusses the social and cultural background under which mediation declined during the 1990s; examines the differently evolving patterns of mediation in urban and rural China; discusses the recent reform policies and practices aimed at reviving mediation; and, finally, explains implications for future development of mediation and research.