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Sunday, 27 September 2009
Sometimes the old ways are best to solve disputes
In the capital of Zhejiang, respected members of communities in Xiacheng district have formed associations of mediators - known as heshilao, or peacemakers - to solve civil disputes without resorting to the courts.
Just as Confucius is back in vogue in education circles, the dispute resolution system in one enterprising district in Hangzhou is also experiencing a return to the traditional ways of the sage.
In the capital of Zhejiang, respected members of communities in Xiacheng district have formed associations of mediators - known as heshilao, or peacemakers - to solve civil disputes without resorting to the courts.
The district has nearly 1,000 mediators in its 71 communities, and in their first year the heshilao mediated 133 disputes and reported 70 complaints to the district government.
The heshilao system has won praise from mainland media and is proving so effective that the Hangzhou government plans to expand it to the whole city within a year.
In Confucian society, where benevolence and obedience were considered a dominant virtue, the correct attitude when facing disputes was compromise and concession rather than maximising one’s advantage. Going to a court was considered an extreme action - instead mediation would be conducted by neighbours and elders to persuade the opposing parties to rethink their positions.
In the 1980s, people’s mediation committees were set up to cope with daily disputes and family problems. If the issues involved a criminal offence, such as a fight or property damage, the parties are sent to the mediation offices at local police stations for settlement. Local courts also have mediators to try to persuade both parties to reach an agreement before a lawsuit is accepted or a trial starts.
This system is at the front line of the local government’s efforts to maintain grass-roots social stability, but increasingly it appears to be struggling to cope as more people turn to the courts. Recent statistics showed the number of lawsuits handled by courts at all levels last year exceeded 10 million for the first time. In the first half of this year, lawsuits were up 8.25 per cent year on year.
This has not gone unnoticed by the central government, and in July the People’s Supreme Court called on mediation bodies to do more. The advent of Hangzhou’s heshilao could not have come at a better time.
A judicial official in Xiacheng district said that in comparison with the existing mediation committees, the heshilao were more flexible, efficient and popular among residents.
“Heshilao associations are more suitable and effective for civil disputes in communities”, said the official, surnamed Chen, who is deputy head of the judiciary bureau.
Chen said the heshilao were usually comprised of respected members of the community such as retired workers, party members and legal professionals who signed up voluntarily or through recommendation. They are awarded stipends after successfully solving a dispute, and receive professional training from higher judicial authorities.
And unlike the mediation committee members who merely sit in an office waiting for complaints to come to them, the heshilao are active in the community, and more likely to quickly discover and settle problems.
Another advantage is the simplicity of the mediation procedure. While complaints with mediation committees are filed, then investigated and researched, the heshilao work more directly. Since most disputes are generally trivial to start with, mediators settle a case based on their own experience, judgment and traditional ethics.
The rise in court cases is a reflection of rising social discontent and increasing legal awareness among the public. But while court cases can prove costly and often futile, mediation offers a much quicker and more familiar resolution.
1 comment:
Sometimes the old ways are best to solve disputes
Lillian Zhang
26 September 2009
Just as Confucius is back in vogue in education circles, the dispute resolution system in one enterprising district in Hangzhou is also experiencing a return to the traditional ways of the sage.
In the capital of Zhejiang, respected members of communities in Xiacheng district have formed associations of mediators - known as heshilao, or peacemakers - to solve civil disputes without resorting to the courts.
The district has nearly 1,000 mediators in its 71 communities, and in their first year the heshilao mediated 133 disputes and reported 70 complaints to the district government.
The heshilao system has won praise from mainland media and is proving so effective that the Hangzhou government plans to expand it to the whole city within a year.
In Confucian society, where benevolence and obedience were considered a dominant virtue, the correct attitude when facing disputes was compromise and concession rather than maximising one’s advantage. Going to a court was considered an extreme action - instead mediation would be conducted by neighbours and elders to persuade the opposing parties to rethink their positions.
In the 1980s, people’s mediation committees were set up to cope with daily disputes and family problems. If the issues involved a criminal offence, such as a fight or property damage, the parties are sent to the mediation offices at local police stations for settlement. Local courts also have mediators to try to persuade both parties to reach an agreement before a lawsuit is accepted or a trial starts.
This system is at the front line of the local government’s efforts to maintain grass-roots social stability, but increasingly it appears to be struggling to cope as more people turn to the courts. Recent statistics showed the number of lawsuits handled by courts at all levels last year exceeded 10 million for the first time. In the first half of this year, lawsuits were up 8.25 per cent year on year.
This has not gone unnoticed by the central government, and in July the People’s Supreme Court called on mediation bodies to do more. The advent of Hangzhou’s heshilao could not have come at a better time.
A judicial official in Xiacheng district said that in comparison with the existing mediation committees, the heshilao were more flexible, efficient and popular among residents.
“Heshilao associations are more suitable and effective for civil disputes in communities”, said the official, surnamed Chen, who is deputy head of the judiciary bureau.
Chen said the heshilao were usually comprised of respected members of the community such as retired workers, party members and legal professionals who signed up voluntarily or through recommendation. They are awarded stipends after successfully solving a dispute, and receive professional training from higher judicial authorities.
And unlike the mediation committee members who merely sit in an office waiting for complaints to come to them, the heshilao are active in the community, and more likely to quickly discover and settle problems.
Another advantage is the simplicity of the mediation procedure. While complaints with mediation committees are filed, then investigated and researched, the heshilao work more directly. Since most disputes are generally trivial to start with, mediators settle a case based on their own experience, judgment and traditional ethics.
The rise in court cases is a reflection of rising social discontent and increasing legal awareness among the public. But while court cases can prove costly and often futile, mediation offers a much quicker and more familiar resolution.
Sometimes, the old ways are the best.
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