CWR > Volume 4(1); 2018 > Current Development
Research Paper
Published online: March 1, 2018
DOI: http://dx.doi.org/10.14330/cwr.2018.4.1.05
The Advantages and Disadvantages of Mediation in the Chinese Commercial Arbitration Process
Karwan A. Perot
University of Kurdistan- Hewler
Kurdistan Business School. 30 Meter Avenue, Erbil, Iraq
Corresponding Author: karwan.perot@ukh.edu.krd
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
This paper reviews presents the advantages and disadvantages of mediation in Chinese commercial arbitration process to resolve disputes. Mediation can be considered as a principal means for resolution of commercial disputes, both domestically and internationally. Simply, to mediate means to act as a peacemaker between dispute parties. Basically, mediation is an informal mechanism in which the disputants are assisted by a neutral third party toward settlement. The mediators are appointed in a voluntary base to help disputants manage the resolution process. They should have no direct interest in the conflict and its outcome, and no power to render a decision, but just can control the process. Meanwhile, parties are entitled to accept or reject the outcome. Mediation shares the advantages of confidentiality, flexibility, and simplicity. Dispute of disadvantages still remaining, China's mediation system has century's history so far. Currently, China has used mediation method in arbitral proceedings so as to improve the efficiency of dispute resolution.
Keywords : Mediation, Arbitration, Neutral Litigation, Commercial Disputes, Dispute Resolution, Proceeding
