A Comparison of Participant Evaluation of the Procedural and Distributive Elements of Chinese Labor Arbitration Committee Mediation Versus Equal Employment Opportunity Commission Mediation

Abstract

The authors surveyed participants in U.S. Equal Employment Opportunity and Chinese Labor Arbitration Committee mediations. Similar questions relating to the mediations’ procedural due process and substantive due process elements were administered. The similarities and difference in the two dispute resolution processes are fully described. These data indicated that the Chinese LAC mediation compared favorably with the very successful EEOC mediation program. The results contribute to the broad discourse concerning workers’ rights and the development of rule of law in China. They also suggest that the heavily evaluative Chinese process leads to higher ratings on mediator performance. Finally, these results suggest that the Chinese participants’ perceptions of procedural and distributive justice are closely aligned while the U.S. participants distinguish between the process provided and outcome obtained.