Mediation Being Used for “Evil” in China?
China Digital Times
March 25, 2011
Like the US, India, and the Philippines, litigation in China is falling out of favor and being replaced by mediation which may help solve problems facing rural Chinese parties and judges. Law Professor Carl Minzner provides a unique insight into the path of ADR in China.
Despite statutes that encourage mediation, Minzner suggests that the statutes encouraging mediation are really forms of political pressure to “suppress conflicts and block citizen petitions from rising toward central officials.” In fact, judges are rewarded for out-of-court settlements and are penalized for certain decisions. While the parties may ultimately benefit from a mediated settlement, the spirit of mediation is at risk when used as a political tool.