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The construct of neutrality and impartiality in Chinese mediation

Law, Siew Fang (2011) The construct of neutrality and impartiality in Chinese mediation. Australasian Dispute Resolution Journal, 22 (2). pp. 118-124. ISSN 1441-7847

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Abstract

This article argues that discourses on mediation practice and theory, particularly regarding the concept of neutrality in mediation, are predomi- nantly Western oriented. Although there is emerging criticism on the Western conceptualisation and definition of mediation practices, many non-Western mediation models are often denied or rejected. This article presents one of the “other” mediation models: a Chinese approach. Interviews of three practising Chinese mediators in Australia reveal extensive cultural implica- tions relating to mediation. These mediators discussed Chinese cultural concepts such as guanxi, mianzi and renqing, as well as the challenges of neutrality in Chinese mediation. Finally, the article proposes the inclusion of culturally reflexive mediation training as part of the second generation mediation pedagogy.

Item Type: Article
Uncontrolled Keywords: ResPubID23577, culture, Western mediation, mediation pedagogy, disputes, dispute resolution
Subjects: FOR Classification > 1701 Psychology
FOR Classification > 1801 Law
FOR Classification > 2002 Cultural Studies
Faculty/School/Research Centre/Department > School of Social Sciences and Psychology
SEO Classification > 9599 Other Cultural Understanding
Depositing User: VUIR
Date Deposited: 21 Aug 2012 02:04
Last Modified: 08 Sep 2015 01:03
URI: http://vuir.vu.edu.au/id/eprint/9124
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