The construct of neutrality and impartiality in Chinese mediation

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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


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
Subjects Historical > FOR Classification > 1701 Psychology
Historical > FOR Classification > 1801 Law
Historical > FOR Classification > 2002 Cultural Studies
Historical > Faculty/School/Research Centre/Department > School of Social Sciences and Psychology
Historical > SEO Classification > 9599 Other Cultural Understanding
Keywords ResPubID23577, culture, Western mediation, mediation pedagogy, disputes, dispute resolution
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