Insight | Huiling JIANG, Fan SU: How European Courts Promote Mediation

This paper is written by Huiling JIANG, dean of Tongji Law School, and Fan SU, postgraduate of Tongji Law School, published in the “People’s Court Daily” on August 26th, 2022.

Brief: The reform of China’s diversified dispute resolution mechanism has created new legal concepts such as advance mediation, delegated mediation and entrusted mediation. After a case is accepted by the court, whether or not it has been formally filed, with the background that China has not yet established the system of “mediation in advance”, how to mobilize the social forces and persuade the parties to take mediation as a way to solve dispute is a complex work with both policy and skill. European countries strongly encourage the court to entrust the case to a third party for mediation (also interpreted as referral mediation), and they have come up with many good ideas for judges. Some of their practices may be useful for our courts.