Court referred mediation in the Netherlands and in the European Union (in Chinese, translated by Han Jingru)

Rob Jagtenberg, Annie de Roo

Research output: Contribution to journalArticleAcademicpeer-review

Abstract

This contribution highlights, for a Chinese academic audience, the western ideas that underlie the ADR movement, and particularly the role of judges referring litigants to external mediation schemes, as in existence in various European jurisdictions today. The dangers of over-active judges engaging themselves in 'mediating' litigants is highlighted as this practice abounds in China, while conflicting with the basic tenet of voluntariness and access to justice. Concerns expressed in this regard as to compulsory referral schemes in the EU are also discussed, as this may support the emerging but somewhat difficult debate over this aspect in China.
Original languageChinese (Simplified)
Pages (from-to)31-49
Number of pages18
JournalPeking University Law Review
Volume13
Issue number1
Publication statusPublished - 26 Mar 2013

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