Factors Influencing the Success Rate of Pre-Litigation Mediation in China: An Empirical Study Based on Mediators and Case Parties

Research Article
Open access

Factors Influencing the Success Rate of Pre-Litigation Mediation in China: An Empirical Study Based on Mediators and Case Parties

Kaiyun Huang 1*
  • 1 City University of Hong Kong    
  • *corresponding author criystal21@foxmail.com
Published on 14 September 2023 | https://doi.org/10.54254/2753-7048/8/20230227
LNEP Vol.8
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-915371-97-3
ISBN (Online): 978-1-915371-98-0

Abstract

This study uses both qualitative and quantitative data to demonstrate that case types are not the only factor affecting the success rate of pre-litigation mediation in China. Instead, the type of cases is only a "symptom," and other factors are also at play. These factors include the expense of the lawsuit, its duration, the protection of the confidential information of the case, the friendliness of the parties and so on. In order to determine the variables that affect pre-litigation mediation's success rate and analyze their relative weights, the author used qualitative and quantitative methodologies in this research. By encouraging the use of intelligent technology in conflict resolution or by popularizing platforms, Chinese courts have promoted pre-litigation mediation. The empirical studies conducted in this article show that the general public in China is satisfied with the current mediation resources available, so Chinese courts should focus on resolving other issues that could improve the success rate of pre-litigation mediation.

Keywords:

pre-litigation mediation, empirical study, Chinese courts

Huang,K. (2023). Factors Influencing the Success Rate of Pre-Litigation Mediation in China: An Empirical Study Based on Mediators and Case Parties. Lecture Notes in Education Psychology and Public Media,8,373-391.
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References

[1]. Jean R. Stern light (2007) [footnote 1]

[2]. Lydia Nussbaum. Mediations Regulation: Expanding State Governance over Private Disputes[J]. Utah Law Review，2016，(2).

[3]. Zeng Lingjian. Socialization of court mediation:Practical evaluation and doctrinal reflection [J]. Journal of Central South University(Social Sciences), 2019,25(03):34-46.

[4]. Liao Y.A.,Liu Q. On the dilemma and way out of the professional development of mediation in China [J]. Journal of Xiangtan University (Philosophy and Social Sciences),2016,40(06):47-51.DOI:10.13715/j.cnki.jxupss.2016.06.010. DOI: 10.13715/j.cnki.jxupss.2016.06.010.

[5]. Zuo Weimin: "Controlling "litigation explosion" through pre-litigation mediation - an empirical study of regional experience", Tsinghua University Law Journal, 2020, No.4.

[6]. Qian Dajun, Liu Mingkui. On the Function of Judicial Mediation System as a Super-Negative [J]. Academic Exchange,2017(02):90-96.

[7]. Chen Weixing. The paradox of court mediation and its solution--an analytical approach of ephemeral big data[J]. Science of Law(Journal of Northwest University of Political Science and Law),2018,36(02):123-130.DOI:10.16290/j.cnki.1674-5205.2018.02.001.

[8]. Tang L. Study on the mechanism of inducing consent in litigation mediation[J]. Studies in Law and Business,2016,33(04): 121-130.DOI: 10.16390/j.cnki.issn1672-0393.2016.04.013.

[9]. Zhou, Jianhua. Analysis of the dilemma of mediation attached to federal courts in the United States [J]. Hubei Social Science,2019,No.386(02):157-165.DOI:10.13660/j.cnki.42-1112/c.014984.

[10]. David B. Lipskyet.al, "Conflict Resolution in the United States", The Oxford Handbook of Conflict In Organization, William K. Roche，ed,2014.\

[11]. Hendley (2017)

[12]. Halsey v. Milton Keynes General NHS Trust [2004] EWCA (Civ) 576.

[13]. Yu, A. M., and Li, M. Y.: "The construction of multi-dispute settlement mechanism needs to find the judicial positioning", People's Court Daily, July 10, 2015, p. 2.

[14]. Donna Shestowsky,Alternative Dispute Resolution Programs, 22 HARV. NEGOT. L. REV. 189, 211-18 (2017). One way to meet this "unfamiliarity with mediation" challenge, at least with represented parties, is to require that attorneys advise their clients of ADR options.

[15]. Jacqueline Nolan-Haley's (2020)

[16]. Catherine Price, Alternative Dispute Resolution in Africa: Is ADR the Bridge Between Traditional and Modern Dispute Resolution?, 18 PEPP. DISP. RESOL. L. J. 393, 403-04 (2018).

[17]. Zhang Yue "Close to Justice Movement" and the reform of the litigation cost system of the two legal systems -- and on the enlightenment of the reform of the extraterritorial litigation cost system to China [J]. Research on Civil Procedure Law, 2021 (01): 4-14

[18]. Sun Yang. Research on the Special Value of the Leveraging Effect of Legal Costs in Pre trial Procedure [J]. China Price, 2019 (02): 93-96

[19]. Ran Chonggao. On the Reform of China's Legal Fee System from the Perspective of Realizing the Function of the Legal Fee System [J]. Journal of Law Application, 2016 (02): 92-98

Cite this article

Huang,K. (2023). Factors Influencing the Success Rate of Pre-Litigation Mediation in China: An Empirical Study Based on Mediators and Case Parties. Lecture Notes in Education Psychology and Public Media,8,373-391.

Data availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

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About volume

Volume title: Proceedings of the International Conference on Social Psychology and Humanity Studies

ISBN：978-1-915371-97-3(Print) / 978-1-915371-98-0(Online)
Editor：Muhammad Idrees, Faisalabad Matilde Lafuente-Lechuga
Conference website: https://www.icsphs.org/
Conference date: 24 April 2023
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.8
ISSN：2753-7048(Print) / 2753-7056(Online)

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References

[1]. Jean R. Stern light (2007) [footnote 1]

[2]. Lydia Nussbaum. Mediations Regulation: Expanding State Governance over Private Disputes[J]. Utah Law Review，2016，(2).

[3]. Zeng Lingjian. Socialization of court mediation:Practical evaluation and doctrinal reflection [J]. Journal of Central South University(Social Sciences), 2019,25(03):34-46.

[4]. Liao Y.A.,Liu Q. On the dilemma and way out of the professional development of mediation in China [J]. Journal of Xiangtan University (Philosophy and Social Sciences),2016,40(06):47-51.DOI:10.13715/j.cnki.jxupss.2016.06.010. DOI: 10.13715/j.cnki.jxupss.2016.06.010.

[5]. Zuo Weimin: "Controlling "litigation explosion" through pre-litigation mediation - an empirical study of regional experience", Tsinghua University Law Journal, 2020, No.4.

[6]. Qian Dajun, Liu Mingkui. On the Function of Judicial Mediation System as a Super-Negative [J]. Academic Exchange,2017(02):90-96.

[7]. Chen Weixing. The paradox of court mediation and its solution--an analytical approach of ephemeral big data[J]. Science of Law(Journal of Northwest University of Political Science and Law),2018,36(02):123-130.DOI:10.16290/j.cnki.1674-5205.2018.02.001.

[8]. Tang L. Study on the mechanism of inducing consent in litigation mediation[J]. Studies in Law and Business,2016,33(04): 121-130.DOI: 10.16390/j.cnki.issn1672-0393.2016.04.013.

[9]. Zhou, Jianhua. Analysis of the dilemma of mediation attached to federal courts in the United States [J]. Hubei Social Science,2019,No.386(02):157-165.DOI:10.13660/j.cnki.42-1112/c.014984.

[10]. David B. Lipskyet.al, "Conflict Resolution in the United States", The Oxford Handbook of Conflict In Organization, William K. Roche，ed,2014.\

[11]. Hendley (2017)

[12]. Halsey v. Milton Keynes General NHS Trust [2004] EWCA (Civ) 576.

[13]. Yu, A. M., and Li, M. Y.: "The construction of multi-dispute settlement mechanism needs to find the judicial positioning", People's Court Daily, July 10, 2015, p. 2.

[14]. Donna Shestowsky,Alternative Dispute Resolution Programs, 22 HARV. NEGOT. L. REV. 189, 211-18 (2017). One way to meet this "unfamiliarity with mediation" challenge, at least with represented parties, is to require that attorneys advise their clients of ADR options.

[15]. Jacqueline Nolan-Haley's (2020)

[16]. Catherine Price, Alternative Dispute Resolution in Africa: Is ADR the Bridge Between Traditional and Modern Dispute Resolution?, 18 PEPP. DISP. RESOL. L. J. 393, 403-04 (2018).

[17]. Zhang Yue "Close to Justice Movement" and the reform of the litigation cost system of the two legal systems -- and on the enlightenment of the reform of the extraterritorial litigation cost system to China [J]. Research on Civil Procedure Law, 2021 (01): 4-14

[18]. Sun Yang. Research on the Special Value of the Leveraging Effect of Legal Costs in Pre trial Procedure [J]. China Price, 2019 (02): 93-96

[19]. Ran Chonggao. On the Reform of China's Legal Fee System from the Perspective of Realizing the Function of the Legal Fee System [J]. Journal of Law Application, 2016 (02): 92-98

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