Originally from Dispute Resolution Journal

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I.    INTRODUCTION

A.    Mediation in Traditional China

Mediation has been a popular dispute resolution mechanism in China throughout history because it emphasizes avoiding confrontation through amicable dispute resolution which conformed to values of Confucianism, a dominant political philosophy in traditional Chinese society.  From traditional Chinese perspective, dispute is an evil that disturbs social harmony and harms society.  Therefore, if possible, it is best to avoid dispute in the first place.  If dispute cannot be avoided in the long term, it is important for the parties to take measures early on to remove causes of potential dispute in a non-confrontational way. 

The traditional Chinese perspective on dispute helped mediation become an essential and integral part of dispute resolution in traditional China.  It should be noted, however, that the term “mediation” in traditional China did not have the same connotations as it did in the West. Mediation in traditional China was not a voluntary process. The dispute had to be a minor matter, and disputants had to pursue mediation through a neutral party (village elder or community leader) before pursuing formal means of dispute resolution.  Failure to do so could result in corporal punishment.  The “mediator” was not selected by the disputants, but appointed by government officials.  These mediators were charged to mediate and settle minor affairs, but given power to assume adjudicatory role to “decide” the matters as well.  Although they did not have official authority to enforce their decision, the mediators could impose their decision on the disputants based on their seniority and standing in the community.