This is what I did last summer….
Law studies can sometimes be impractical and not applicable to the everyday. Yet last summer I had the opportunity to study mediation practices in China, a country said to have the most impressive, efficient and effective mediation system the world over. 5,000 odd words later and I have to agree that there are some valuable lessons to be learnt from the Chinese attitude to resolving disputes. In summary, the Chinese approach mediation with a different mindset from the typical Westerner, and it is this mindset that we can learn from.
‘The Chinese are conscious, most especially in family matters, that the combative win-lose approach of litigation is ‘counter-productive and harmful’ where there is a need to maintain an ongoing relationship. Mediators will encourage the parties to look beyond their own self-interests, empathise with the other party’s position and be willing to compromise. Whilst the goal of Western mediation is foremost the formulation of an agreement, for Chinese mediators the goal is to maintain positive relationships and thus preserve social harmony. The actual agreement made is secondary, and therefore only of value, if it meets its primary goal of resolving the conflict.’
If you’d like to read more, take a look at the link below.
Mediation in China – Lessons for the West
