The comfort of conciliation

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clpstaff &clp articles

In China, it is important to attempt to reach a negotiated settlement before starting litigation or arbitration proceedings. A recent court opinion highlights the possibility of using mediation in the event of a commercial dispute

Note: although there are subtle differences between mediation and conciliation, their similarities are sufficient for them to be treated as the same thing for the purpose of this article.

The recent publication by the Beijing Supreme People's Court of an opinion encouraging the use of mediation as a means to resolving disputes highlights the possibilities to parties doing business in the PRC of engaging in this form of alternative dispute resolution in the event of a commercial dispute.

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