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Abstract

A notable feature of Chinese disputing behaviour is that it almost always carries some public element within it, unlike the essentially private nature of disputes with Westerners. Consequently, remedies reflect public characteristics. As an example, a remedy in the form of an apology may have better significance for a Chinese disputant than a monetary award which may be considered to be ‘undignified’. An apology, expressed in a public forum like a newspaper, serves to vindicate not only private rights as being of immediate relevance not only to the disputants concerned, but also to the aggrieved families.

An enlightened cross-cultural mediator can truly benefit from insights into the remedies in Chinese dispute resolution. As it were, the settling of disputes is a desired outcome; the ability to render culturally appropriate awards must, by all accounts, represent a mediation highpoint. It is hoped that this article will shed some light on such a process.

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