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45 Int'l Law. 111 (2011)
International Commercial Mediation

handle is hein.journals/intlyr45 and id is 121 raw text is: International Conunercial Mediation WILLIAM A. HERBERT, GIUSEPPE DE PALO, AVA V. BAKER, APOSTOLOs ANTHIMOS, NATALIA TERESHCHENKO, AND MICHAEL JUDIN* I. China On August 28, 2010, Chinese legislators passed the People's Mediation Law to institu- tionalize the people's mediation committee as the legal organization to resolve everyday disputes within local communities.' The law states that governments from the county level and above will provide financial support for mediation and reward outstanding medi- ation committees and individual mediators. The law requires that only people who are righteous, sociable, and warm-hearted and who possess certain social and legal knowl- edge may become mediators. To encourage mediation as a means to resolve disputes without resorting to litigation or arbitration, the law requires courts and law enforcement officials to provide information about mediation to parties involved in disputes. The law further states that agreements reached through mediation are legally binding on the par- ties and may be enforced by a court should one of the parties so request.2 H. The Mediation Regulation Spectrum in Europe: Developments in Italy and Slovenia This is a special moment in alternative dispute resolution in Europe. In recent years, the mediation law landscape has undergone substantial changes motivated mainly by the 2008 European Union Directive on Certain Aspects of Mediation in Civil and Commer- cial Matters (the Mediation Directive). Reacting to this supranational Mediation Di- rective, the European Union has become a laboratory of experimentation for the development of mediation law. * William A. Herbert, Vice-Director of the Legal Affairs Department of Otsuka Pharmaceutical Co., Ltd. in Tokyo, edited this article and drafted the section on China. Giuseppe De Palo and Ava V. Baker co- authored the section on the European Union. Apostolos Anthimos authored the section on Greece. Natalia Tereshchenko authored the section on Russia. Michael Judin authored the section on South Africa. 1. According to the Chinese Ministry of Justice, China has more than 4.9 million mediators working in more than 800,000 mediation committees. Chinese Legislature Passes People's Mediation Law, XINHUANEWS, Aug. 29, 2010, http://news.xinhuanet.com/english20l0/china/2010-08/29/c_13467472.htm. 2. Chinese legislature passes People's Mediation Law, XINHUANEws (Aug. 8, 2010, 6:00 PM), http://news. xinhuanet.com/english20l0/china/2010-08/28/c_13467209.htm. 111

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