This article continues to discuss Extra-judicial Mediation
System and Practice. The
first part of this article was published on
Chinalawinsight on October 2011.
II. A review of extra-judicial mediation
Compared with mediation during arbitration or litigation,
extra-judicial mediation can offer a more amicable way for the
solving of disputes and avoid many of the disadvantages of
"judicial mediation".
In judicial mediation judges and arbitrators primarily rely on
rigid laws and regulations to guide the mediation process whereas
the regulations applicable to extra-judicial mediation are more
flexible. Article 17 of the Several Provisions provides
that "in the mediation of cases, relevant organizations may,
without violating the mandatory provisions of laws and
administrative regulations, guide the parties to reach settlement
agreements by referring to industrial practices, village
regulations, community conventions, local good customs and other
codes of conduct."
