Community is the grassroots organisation of civil society and the embodiment and requirement of modern social governance. With the progress of social modernisation, Chinese society has entered a phase of social diversification and diversified individual development.
The development of social diversity inevitably leads to a shift from the unitary individual, based on collective organisation, to the socialised individual. In this process, people’s desire for self development is also increasingly shifting from unitary organisations to society. Consequently, conflicts between the residents have gradually emerged in the community.
Mediation, as an important component of the Alternative Dispute Resolution methods, plays a crucial role in maintaining harmony within community and society. In China, a country with a rich history and diverse population, mediation has emerged as a prominent Alternative Dispute Resolution mechanism in community governance.
Mediation, or “Tiaojie” in Chinese, has deep cultural roots in China. Traditional Chinese society values harmony and stability, which are fundamental to social cohesion. Mediation aligns with these cultural values as it seeks to resolve disputes amicably, preserving relationships and community bonds. Historically, village elders or respected community members served as mediators, using their wisdom and impartiality to facilitate resolutions.
In contemporary China, mediation has evolved into a formalised and structured process. The Chinese government recognises the importance of Alternative Dispute Resolution, including mediation, and has incorporated it into its legal framework. As early as in 1954, just a few years after the establishment of the People’s Republic of China, the government introduced the first law in community governance Regulations on the Organisation of Urban Residents Committees, which stipulated the basic functions of community committee, such as handling basic public welfare matters, mediate the conflicts between residents and other issues related to residents.
Local mediation committees, on the other hand, operate at the grassroots level across the country, and are often the first point of contact for individuals seeking dispute resolution. These committees are staffed by trained mediators who are well-versed in local customs and traditions. They act as neutral third parties, guiding disputing parties through the mediation process.
Mediators in China are highly respected individuals, chosen for their impartiality, integrity and community standing. This trust in the mediator is crucial for the success of the mediation process. The following case briefly illustrate how the community mediation works.
Case Study:
How to safeguard rights when neighbours turn a residential unit into a homestay, causing noise disturbance?
In Shanghai, a community resident, A, suffered from prolonged noise disturbance due to her neighbour, B, transforming their residence into a homestay. Unable to bear it any longer, what should A have done? Normally, A could report the noise disturbance issue to the community committee, which can mediate the conflict between both parties. Usually, the community committee will engage in the process and try to seek mutually agreeable solutions. This ensures that resolutions align with community values.
Community is a space where residents live together, but it can also become a centre of conflicts and disputes over trivial matters. If not resolved in a timely manner, these conflicts may escalate into larger disputes and troubles. As an important Alternative Dispute Resolution method, mediation plays a vital role in community governance in China, aligning with the country’s cultural values of harmony and stability. As China continues to modernise and diversify, mediation remains a valuable tool for maintaining social cohesion and resolving conflicts in a culturally-sensitive and appropriate manner.
