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Commercial Mediation In China: Challenge Of Shifting Paradigms

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Chapter Summary

The rise of China as a trade partner to the United States, and the legal and commercial ramifications of this phenomenon, have been widely observed and commented upon. This chapter discusses some experiences that the International Institute for Conflict Prevention and Resolution ("CPR Institute") has had with respect to encouraging commercial mediation in China, and suggests some lessons learned from those experiences. It concludes that Western concepts of mediated negotiation may have fundamental cultural limitations that require participants in the process to be open to shifting their understanding of the mediation process itself and of dispute resolution generally. In 2003, the CPR Institute was approached by the China Council for Promotion of International Trade (CCPIT). CCPIT was interested in creating some sort of a resource by which disputes between American and Chinese businesses might be resolved on terms that would be cognizable and trusted by both Chinese and American principals.

Keywords: CCPIT; China; commercial mediation; CPR Institute; United States



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