The Practice of Mediation and Non-litigation in the Dispute Settlement Mechanism between China and the WTO

Abstract

This study explores the integration of mediation and non-litigation practices in China’s dispute resolution approach within the World Trade Organization (WTO) framework. With the rising importance of alternative dispute resolution (ADR) methods in international trade, China emphasizes mediation and non-litigation to promote harmony and resolve conflicts more efficiently than traditional litigation. This research aims to evaluate the effectiveness of these practices, focusing on their alignment with China’s cultural emphasis on harmony, and their implications for the WTO’s dispute settlement process. Using a qualitative methodology, including a systematic literature review and thematic analysis, the study examines official WTO case records, policy documents, and relevant Chinese legal texts. Findings reveal that China's ADR approach not only enhances dispute resolution efficiency but also contributes to a diversified dispute settlement system within the WTO. These insights offer broader implications for the evolution of ADR in global trade conflict resolution.