Publish time: Sun May 18 00:00:00 CST 2008 Contributor:
After the mediator training program, BAC specially carried out a questionnaire among the students, covering the results of the training, the instructors, inspirations and suggestions, differences and similarities of mediation ideas between China and America, as well as the roles of mediators and arbitrators. 36 students have provided the feedback thus far. Among the students who gave the feedback, 97% of them expressed that the mediation training program will be very helpful for them to deal with dispute settlement; 94% of the students are satisfied with the program instructors; 100% of students are satisfied with the organization and service work in the mediation training; 53% of them express that in their arbitration practices, they often use the dispute resolution ideas promoted in this program; and 97% of the students are satisfied with the overall impression of the mediation training program. The following are remarks of some of the students:
★The environments in China and USA are different. In USA, because of the importance of credibility, the thinking models of American are relatively simple, but those in China are complicated. --- Fei Anling
★In the dispute settlement, we should “Focus more on the interests of the parties, rather than just on the legal rights”. --- Song Lianbin
★ Only by “hearing more and understanding more, can we discover more interests and objectives of the parties on a deeper level, and make it possible to ‘expand the interests’.” --- Yang Xuefang
★ “Help the parties to consider from a broader perspective, and assist them to find out the interests under the line of the negotiation table, so as to achieve an innovative dispute settlement”. --- Wei Qingyue
★ “Dispute settlement depends on the parties themselves. Resolving the dispute is based on the communication and understanding between the parties, and it is an important aspect of the works by mediators to pay attention to the psychological situation of the parties and to resolve emotional confrontation.” --- Zhou Ling
★ “Learn to listen, listen patiently, and encourage communication and full communication. Lead the parties to reach understanding and comprehension through communication and exchange”. --- Niu Baiqian
★The differences and similarites of mediation ideas between China and USA: “① Differences in the mass cultures: Americans are accustomed to direct communication, while Chinese are accustomed to indirect communication in order to save face. ② Differences in the legal cultures: For example, Americans often will blame themselves (the attorney on behalf of themselves) for not convincing the judge, but the Chinese will blame the judge for unfair judgment. ③ Differences in the thinking models about the credibility: In USA, the trust is more important than the interests, and Americans will choose credit rather than interests; but there are some people in China who will forget their credit when seeing interest.” “The experience in various countries has originated local cultural backgrounds, which should be taken into account, but not used to predict everything; we should notice the ideas of these specific practices, and how they can lead to the innovation.. The combination of legal culture and the thinking models about the credibility in our country will definitely affect every aspect of mediation.” --- Li Fan