Recently, Thomson Reuters Practical Law, the world's renowned legal publisher, published a Practice Note titled Mediation: Overview (China) (the "Note"). The Note was co-authored by Wei Zhang (Partner), Sichen Liu (Associate) and Ziyi (Elven) Wang (Associate) from Han Kun's Commercial Dispute Resolution Department.
The Note explains the main issues to consider from a Chinese law perspective when mediating a civil or commercial dispute. This Practice Note discusses the strong support for mediation from Chinese courts and the practice of the China International Commercial Court (CICC) in international commercial mediation. The Note also focuses on the interplay between mediation, litigation and arbitration, including the common practice of Med-Arb in arbitration proceedings, and the main institutions providing mediation services. In addition, with reference to China's current laws and regulations, the Note addresses key practical issues such as the scope of application of mediation, confidentiality obligations, procedures and costs, mediator selection, and the formation and enforcement of settlement agreements, providing readers with a comprehensive understanding of the practice and application of mediation in civil and commercial dispute resolution in China.
