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 Chinese Supreme Court Urges Judges to use Mediation Monday 15th August 2011 | Sebastian David Lees China's Supreme People's Court (SPC) has told Judges around the country to use mediation more often in settling disputes and promoting community harmony.The Supreme Court said that in circumstances where mediation can be used in Court, they ‘Should take every opportunity to encourage the litigants to resolve disputes through mediation rather than through formal legal proceedings’ - in a press release that appeared on the SPC website last week.
The SPC also stated that the range of cases suitable for mediation should be expanded to even possibly include minor criminal offenses and state compensation claims from citizens. The press release went on to state that mediation should be started at the earliest opportunity, ideally before the case reaches the courts and will hopefully act as a ‘barrier’ to escalating legal costs and red tape.
In minor criminal cases, the courts have been told to use mediation to provide enhanced relief and closure for the affected party, implementing what it calls ‘a policy of justice tempered with mercy’.
However the Chinese Supreme Court warned that Judges must not push litigants into mediation, and that they must stop mediation proceedings if they are being used to delay legal proceedings rather than resolve a dispute. The SPC also told courts to take measures to act as a watchdog and to ensure that fair and agreeable resolutions would be reached. Finally it urged that courts must play a role in visiting relevant parties after mediation to ensure implementation of any agreements.
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