Beyond law and politics: an empirical study of judicial mediation in China

Abstract

Abstract Beyond law and politics, how will other factors influence individual judicial behaviour in China? How do the gains of efficiency and substantive justice compare with the potential losses of procedural protections? Do judges see their role as to resolve the disputes between the parties by the most appropriate means, or is it only an attempt to render and enforce an authoritative binding decision? Through a series of interviews with Chinese judges, the research provides an empirical narrative on how judicial mediation is actually practiced in China and analyses values and limitations of judicial mediation. The article empirically illustrates the multiplicity of influences on judicial behaviour in China, and the perception of the role of judges in China. Conceptually, the article aspires to contribute to the field of comparative judicial behaviour. It attempts to expand our inquiry beyond the focus on the role of politics and law when analysing judicial behaviour.