Mediation und Schlichtung

Mediation and conciliation are seen as a character-defining feature of Chinese law. Chinese scholars speak of a unique and comprehensive “conciliation system”. This book explores the reasons that made the development of such an understanding possible and assesses the appropriateness of this understanding from today’s point of view. Furthermore, the book examines to what extent German law would benefit from a greater systematisation of amicable dispute resolution and considers the limits of such an approach. In order to address these topics, the book attempts to conceptualise the Chinese notion of conciliation. Against this background, the various Chinese and German dispute resolution mechanisms that fall under this notion are analysed and compared, always taking a historical perspective into account. Finally, a number of recommendations are made for both Chinese and German law. The book includes an English summary.