Comparative Study Between Jordanian And Chinese Mediation Systems

Mediation is one form of art,including intuition,subtlety,and vision.Furthermore it is also a skill to deal with transferable tools,definable tasks,and manage challenges.The purpose of the mediator's toolkit series is to help mediators learn from each other by filtrate from their experience useful lessons about the used tools,the tasks they must perform,and the challenges they must overcome.Mediation is a most advanced and civilized form of dispute resolution mechanism.Now,it is accepted by all that mediation facilitates disputing parties to open and improve dialogue between them and gives an opportunity to claims self-analysis.The mediation is being accepted as an approach of dispute resolution.Now,it is resulting in a quicker cases clearance and is being to bring amicable solutions of disputes through a dialogue between the dispute parties with assistance of neutral mediator,who creates a peaceful atmosphere for the disputant parties to work towards a positive solution of their choice.Mediation is a tool for personal empowerment for autonomy.Though,it is felt that the process of mediation is growing rapidly.Still,it is experienced that the use of the mediation for settlement of disputes is very much limited according to expected growth.There are challenges and obstacles in using the techniques of mediation for settlement of disputes in the mediation implementation.Moreover,the importance of mediator in the entire process cannot be ignored.The techniques or standards of mediation practice adopted by the mediators during negotiation between the parties and for dispute settlement have a pivotal role to play.It is said that mediation is the best way of imparting justice through the self determination of the parties.The present article attempts to answer questions by looking at the overall predominance of mediation in Jordan and PRC in light of its specific historical,cultural and political background,and how it impacts the contemporary practice of integrating mediation into arbitration.First,the study discusses mediation in general and evaluates the reasons for its continued existence in the Chinese and Jordanian systems.Second,the study discusses the Chinese way of integrating mediation into arbitral proceedings and explores the history,practice and benefits of such a combination.Finally,this study speculates as to how the Chinese model might be useful in contributing to create a practice in Jordan.In this study,we reflect on the Challenges that can beset mediation,particularly at this early stage of the new reform effort in Jordan.First,is the challenge of knowledge and information about the reform,how does the ordinary citizen get to know about this reform measure,and to adopt the details of its processes,procedure and practice? To address that particular challenge,Jordan and PRC did design a comprehensive strategy for Outreach – aimed at publicizing the judicial reforms now taking place in the Country – including,in particular,the introduction of the Court Connected Mediation.The strategy has used,and continues to use the radios,the TV,the print media and other avenues of transmitting the necessary information and knowledge to the public.Second,is the challenge of dealing with the Transition-namely grafting the new Mediation branch,onto the existing of litigation? In PRC from the outset,the design provided for a two-tier track.All new cases those filed in the High Court after the commencement of Court Connected Mediation would automatically follow the Mediation track–in accordance with the applicable procedural requirements for triggering the mediation process.On the other hand,the timing for referral of all cases filed prior to the commencement of Court Connected Mediation is left to the discretion of the allocated/presiding Judge.This was intended,among other things,to minimize swamping either track with an avalanche of caseload: namely,to take the new medicine in manageable doses,so to speak.This study first focuses on the significance of mediation on resolving the disputes compared with other ways of dispute settlement and a comprehensive study of elements of mediation.The study also explores the process of mediation,its procedures and the parties' role in securing a successful mediation.It discusses the challenges that confront the mediation and the suggestions for overcoming such challenges.I conclude the study with the most significant results incurred upon mediation process and summarize a set of recommendations in the end of my dissertation.The methodology that is followed in this study is based on the combination of the descriptive approaches which reveals the legal provisions and jurisprudence opinions related to mediation and analytical method based on the analysis of texts and reasoning of the results.The study concludes that mediation is a voluntary operation aimed to achieve the winwin benefits of both parties of dispute.Mediation emerges and grows on the ground of basic principles such as voluntary decision,self-option of the dispute parties,neutrality,unbiased mediator and confidentiality.This study has shown that despite the efforts in both PRC and Jordan to improve the use of mediation,the current mediation systems in both places are still facing many problems,which undermine the quality and effectiveness of mediation as a powerful dispute resolution tool.Having said that,by learning and borrowing the advantages from each other's mediation system,they could both be effectively rectified.Learning from Jordan,PRC should separate mediation from adjudication and also enable people's mediators to charge for their services.On the other hand,Jordan should actively consider adopting the ‘court-performed' approach implemented in PRC in hopes of gaining the public's confidence and increasing the likelihood that disputants use mediation more cooperatively and genuinely.Once these reforms are in place,the quality of mediation will improve and mediation will assume an even more significant role in the resolution of disputes.