This article continues to discuss Extra-judicial Mediation System and Practice. The first part of this article was published on Chinalawinsight on October 2011.
II. A review of extra-judicial mediation
Compared with mediation during arbitration or litigation, extra-judicial mediation can offer a more amicable way for the solving of disputes and avoid many of the disadvantages of "judicial mediation".
In judicial mediation judges and arbitrators primarily rely on rigid laws and regulations to guide the mediation process whereas the regulations applicable to extra-judicial mediation are more flexible. Article 17 of the Several Provisions provides that "in the mediation of cases, relevant organizations may, without violating the mandatory provisions of laws and administrative regulations, guide the parties to reach settlement agreements by referring to industrial practices, village regulations, community conventions, local good customs and other codes of conduct."