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The Current Status of Mediation in Building and Sustaining Social Harmony in Rural China: A Case Study of Xunyang County, Shaanxi Province, P. R. China

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Abstract:

Chinese mediation, or “tiaojie”, refers a conventional use of intermediaries (usually social elites and government officials) in resolving interpersonal/intergroup conflicts and restore social harmony at various levels of the Chinese society. Endorsed by Confucianism, Chinese mediation has a long history of institutionalization as a tool for conflict management and resolution dominant over litigation and negotiation. Mediation has been the life-blood of Chinese social harmony. It has been so deeply integrated into Chinese way of life that even during the Cultural Revolution when Marxist Ideology was the official ideology replacing Confucianism, the mediation system was still intact. Mediation is so pervasive in Chinese life that there are more mediators per 100 individuals in China than lawyers in the United States.

Deeply embedded in Chinese mediation is a unique Confucianist humanistic/moralistic value system consisting of social harmony, moderation, respect for authority, humility, benevolence and so on in contrast to the Western mediation which endorses an individualistic utilitarian value system of fairness, justice, equality, equity and autonomy.

However, no change has been as pervasive and profound as the change in China over the past 28 years since 1978 marked by the initiation of the open-door policy. The change in China and of China over the past 28 years is characterized by “the simultaneous, rapid, very large scale marketization, urbanization, privatization and globalization” (Lieberthal, 2006) which are “historically unprecedented in scale or scope” (Lieberthal, 2006). What are the implications for Chinese mediation as a major instrument and institution in contributing to the creation and sustenance of social harmony. Thus, questions arise such as: What kinds of changes (in terms of its value system, techniques, procedure, function and frequency) have occurred in Chinese mediation as an institutionalized practice due to the four forces listed above over the past 28 years? What does the current status of Chinese mediation in the beginning of the 21st century look like? What kinds of changes should be made in strengthening Chinese mediation’s role in creating social harmony in the future?

Using the case studies approach and the ethnographic research based in a county located in the heartland of China, this paper attempts to give an answer to the above research questions.
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Name: NCA 94th Annual Convention
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MLA Citation:

Jia, Wenshan., Ma, Yun. and Yang, Libin. "The Current Status of Mediation in Building and Sustaining Social Harmony in Rural China: A Case Study of Xunyang County, Shaanxi Province, P. R. China" Paper presented at the annual meeting of the NCA 94th Annual Convention, TBA, San Diego, CA, <Not Available>. 2009-10-27 <http://www.allacademic.com/meta/p257842_index.html>

APA Citation:

Jia, W. , Ma, Y. and Yang, L. "The Current Status of Mediation in Building and Sustaining Social Harmony in Rural China: A Case Study of Xunyang County, Shaanxi Province, P. R. China" Paper presented at the annual meeting of the NCA 94th Annual Convention, TBA, San Diego, CA <Not Available>. 2009-10-27 from http://www.allacademic.com/meta/p257842_index.html

Publication Type: Invited Paper
Abstract: Chinese mediation, or “tiaojie”, refers a conventional use of intermediaries (usually social elites and government officials) in resolving interpersonal/intergroup conflicts and restore social harmony at various levels of the Chinese society. Endorsed by Confucianism, Chinese mediation has a long history of institutionalization as a tool for conflict management and resolution dominant over litigation and negotiation. Mediation has been the life-blood of Chinese social harmony. It has been so deeply integrated into Chinese way of life that even during the Cultural Revolution when Marxist Ideology was the official ideology replacing Confucianism, the mediation system was still intact. Mediation is so pervasive in Chinese life that there are more mediators per 100 individuals in China than lawyers in the United States.

Deeply embedded in Chinese mediation is a unique Confucianist humanistic/moralistic value system consisting of social harmony, moderation, respect for authority, humility, benevolence and so on in contrast to the Western mediation which endorses an individualistic utilitarian value system of fairness, justice, equality, equity and autonomy.

However, no change has been as pervasive and profound as the change in China over the past 28 years since 1978 marked by the initiation of the open-door policy. The change in China and of China over the past 28 years is characterized by “the simultaneous, rapid, very large scale marketization, urbanization, privatization and globalization” (Lieberthal, 2006) which are “historically unprecedented in scale or scope” (Lieberthal, 2006). What are the implications for Chinese mediation as a major instrument and institution in contributing to the creation and sustenance of social harmony. Thus, questions arise such as: What kinds of changes (in terms of its value system, techniques, procedure, function and frequency) have occurred in Chinese mediation as an institutionalized practice due to the four forces listed above over the past 28 years? What does the current status of Chinese mediation in the beginning of the 21st century look like? What kinds of changes should be made in strengthening Chinese mediation’s role in creating social harmony in the future?

Using the case studies approach and the ethnographic research based in a county located in the heartland of China, this paper attempts to give an answer to the above research questions.

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