Arbitration and Mediation Combined: Theory and Practice

Author: Wang Shengzhong
Publisher:
Publish Date: 2001-08-01
Features: "Combining Arbitration and Mediation," this approach originated from the arbitration practices of the China International Economic and Trade Arbitration Commission (CIETAC) in the 1950s and has been continuously refined and developed over more than 40 years of CIETAC's arbitration experience. This unique Chinese practice has attracted widespread attention worldwide and has been emulated in the arbitration legislative reforms of certain foreign countries in the past two decades, as well as adopted in the rules of some foreign arbitration institutions. This book is based on the author's doctoral dissertation and has been revised by the author. In this book, the author summarizes and explores the combination of arbitration and mediation from both theoretical and practical perspectives, and proposes suggestions and recommendations for improving the legislative framework of combining arbitration and mediation in China. The book is divided into ten chapters, plus an appendix. Chapter 1 is a general introduction, studying the mechanisms for resolving economic disputes. Chapter 2 studies alternative dispute resolution (ADR). Chapter 3 studies the basic concepts of mediation and arbitration. Chapter 4 studies the basic concepts of combining arbitration and mediation. Chapter 5 studies the origin and development of combining arbitration and mediation in China. Chapter 6 studies the global development of combining arbitration and mediation. Chapter 7 studies the theoretical debates surrounding combining arbitration and mediation. Chapter 8 studies the practical operations of combining arbitration and mediation. Chapter 9 introduces and studies the model legislation on mediation by the United Nations Commission on International Trade Law (UNCITRAL). Chapter 10 studies the legislative framework for combining arbitration and mediation in China. The appendix includes interviews with senior Chinese arbitrators conducted by the author, which serve as supplementary material for the author's empirical research. However, due to the high reputation and extensive experience of the interviewees in the arbitration field, the content of the interview transcripts is valuable material for studying the combination of arbitration and mediation.