Dr. Fan Yang – Mediation and its Impact on Legal Systems in Asia-Pacific

Mediation plays an ever more important role in the resolution of disputes around the world. While attention to mediation continues to grow both within and outside of the Asia-Pacific region, scholarship and research on the impact of mediation on legal systems and legal cultures remains sparse. Before a meaningful comparison of the role that mediation plays in different legal systems can be advanced, some fundamental questions need to be answered.

Although Asian cultures traditionally favour harmony and reconciliation over litigation and adjudication, this broad generalization requires careful analysis of regional diversity and its underlying reasons, as will be demonstrated by the study presented in this lecture. Differences in understanding are likely to be at their greatest when parties from different jurisdictions interact through the mediation process. Even where parties are from jurisdictions with similar laws, cultural differences may lead to significantly different views of what constitutes appropriate or effective mediation practice.

This lecture presents a comparative study of the mediation practice in some selected jurisdictions, including Australia, Austria, Canada, China (Mainland), Chinese Taipei, Hong Kong SAR, India, Indonesia, Japan, Korea, New Zealand, Singapore, Thailand and the United States. It seeks to provide some valuable insights into the issues facing the mediators, jurists, practitioners and scholars in the respective jurisdictions.