全球化背景下调解制度法律文化研究

Legal and Cultural Studies on Mediation under the Background of Globalization

以和谐为特征的调解方式在中国长期运用,从法理角度不乏弊端,但却日益为西方所接受和发展。调解制度与诉讼在性质、程序和文化等方面存在着重大区别,但调解的社会和法律效果已得到证实,除法律制度因素以外,调解中的文化因素影响不容忽视,个人主义文化与集体主义文化,外向型文化与内生型文化,单一型文化与多重型文化,高权力距离指数文化与低权力距离指数文化都会对调解的效果产生重要影响。对跨国文化的了解、沟通和认同都是有效调解的因素。全球化背景下,以调解制度为代表的多元纠纷解决机制将会复兴。

Mediation based on the harmony has been used tages from the perspective of jury; however, it has been graduall in China for a long time although there are some disadvan- y accepted and developed by the westerners. Mediation and litigation have differences in the nature, application, and culture legal aspects, but social and legal effect of mediation has been confirmed. In addition to the legal mechanism, culture factors may have important influence on the effects of mediation, including individualism and collectivism, extroverted culture and endogenous culture, unitary and multiple culture, low power distance and high PDI distance culture. Understanding and identity of international culture is effective to media- tion. Multi-dispute-settlement mechanism represented by mediation will revive under the background of globalization.