Mediation in Italy and China: a comparative perspective

Abstract

The aim of this thesis is to provide a comparative analysis of the institute of mediation in Italy and China, focusing, in particular, on the institutional and regulatory framework of this means of Alternative Dispute Resolution (ADR) in both countries. For this purpose, this dissertation is structured as follows: in the first chapter, I describe mediation in general terms, providing some basic and fundamental information about this ADR method (principles, fields of activity, types, procedure, pros and cons, role of mediator, and international development). In the second chapter, I specifically analyze traditions and trends of China’s mediation system, or tiaojie 调解, considered the oldest and most comprehensive dispute resolution program in the world. It includes, in fact, three different categories of mediation: judicial, extra-judicial (divided into People’s mediation, administrative mediation and commercial mediation), and during arbitration proceedings. Moreover, the major institution dealing with mediation in China, that is the Mediation Center of the China Council for the Promotion of International Trade (CCPIT)/China Chamber of International Commerce (CCOIC) is also described. In the third chapter, instead, I outline the use of mediation in Italy, with particular reference to the Italian experience as far as mandatory mediation is concerned and the role of the Milan Chamber of Arbitration (CAM). Finally, the fourth and last chapter focuses on the resolution of commercial disputes between Italy and China through the Italy-China Business Mediation Center (ICBMC), which is the result of a cooperation agreement between the above-mentioned leading providers of mediation services in both China and Italy, and the Italy-China Chamber of Commerce (CCIC).