BEIJING: China’s top court has launched a major initiative to prioritize collaborative mediation over litigation to resolve social and commercial disputes.
The guidelines released on Friday by the Supreme People’s Court call for stronger collaborative mediation to resolve disputes, aiming to boost public welfare, maintain social stability and safeguard long-term national peace.
By partnering with 20 institutions, including the People’s Bank of China, the All-China Women’s Federation and the China National Intellectual Property Administration, the court aims to catch and resolve conflicts — ranging from real estate and labor to marriage and intellectual property — before they ever reach a judge.
Qian Xiaochen, chief judge of the Supreme People’s Court’s division for case-filing, underscored the importance of collaborative mediation in case management.
He said allowing industry professionals to apply their specialized knowledge to mediate disputes in their respective fields, while adhering to legal principles, can address underlying issues more efficiently and effectively.
The guidelines encourage departments to regularly monitor and issue risk alerts for potential conflicts in key areas such as finance, labor, real estate, marriage and family, road traffic and intellectual property, and to make every effort to resolve disputes through mediation before they escalate into litigation or arbitration.
They also require courts nationwide to provide guidance on mediator qualifications and management across different industries, as well as legal training to enhance the professionalism and effectiveness of mediation.
In recent years, China has diversified its dispute resolution mechanisms, including encouraging people from more walks of life to participate in mediation, to meet the growing legal needs of a rapidly developing society.
A court in Jianshi county, Hubei province, for example, recently worked with the local housing and urban-rural development department to successfully mediate a dispute involving 1,700 homeowners and a property management company. The issues included parking spaces, environmental compensation and maintenance fees.
According to the top court, the grassroots court clarified the legal relationships and responsibilities of both parties, while the department provided interpretations of industry policies and relevant fee standards.
Liang Yingxiu, a law professor at Beijing Normal University, praised the mediation approach that combines legal and policy expertise, saying it guided both sides to reach a resolution under the rule of law. –The Daily Mail-China Daily news exchange item
