Integrating Mediation into Arbitration:Why It Works in China

Abstract

Despite the divergent views on the acceptability of arbitrators facilitating settlement in a pending arbitration, a merged system seems to work well in Asia, especially in China due to its legal culture that emphasizes mediation. This article examines the reasons why mediation has been successfully integrated into arbitration in China from its specific historical, cultural and political perspectives, and analyzes how it could impact the contemporary practice of integrating mediation into arbitration in the world.