Mediation is an informal, fast, and effective process. It is a process for resolving disputes where an intermediary helps conflicting parties have a conversation to jointly resolve their concerns.
With the guidance of an impartial third party, the parties are encouraged to set aside their bias and emotions, actively listen to one another’s perspective, engage in meaningful discussions about their underlying priorities, and work collaboratively toward practical, mutually acceptable solutions.
The spirit of mediation aligns with traditional Chinese values, particularly the Confucian idea of harmony (和 Hé) – which is also our logo. Almost every Chinese know by heart with regard to “以和为贵 (Yǐ Hé Wéi Guì): harmony is to be valued above all” and “家和万事兴 (Jiā Hé Wànshì Xīng): a harmonious family leads to success in all endeavours”.
Chinese culture prefers resolving disputes amicably over adversarial confrontation. The core Chinese philosophical principles in mediation coordinates with some concepts in Confucianism, Daoism and Legalism which algins with modern mediation practice.
Confucianism, Daoism, and Legalism each contributed distinct but complementary elements that shaped the unique character of mediation in traditional Chinese society.
Confucianism provided the ethical values and social ideals that formed the moral foundation of mediation. Through principles such as benevolence, harmony, and the importance of maintaining social order within family and community, Confucian thought emphasized reconciliation, respect, and the restoration of relationships. Mediation was thus framed as not merely a resolution of disputes, but as a moral duty to re-establish social harmony.
Daoism offered a philosophical basis and methodological inspiration. Daoist ideas of balance, naturalness, and non-coercion encouraged mediators to adopt a flexible, adaptive approach. Instead of rigidly imposing outcomes, Daoist thinking supported mediation as a process of guiding disputants toward a spontaneous and mutually acceptable resolution, in alignment with the natural flow of circumstances.
Legalism, meanwhile, contributed the institutional necessity and coercive safeguards for mediation. While Confucian and Daoist influences prioritized ethics and harmony, Legalist thought underscored the importance of enforceable rules and state authority. It ensured that mediation was not merely voluntary moral persuasion but embedded within a broader system of governance, providing legal force and institutional legitimacy.
Together, these three traditions shaped the distinctively Chinese paradigm of mediation.
Though the mediation process and roles of the mediator in China and New Zealand differ considerably in form, the underlying foundation and ultimate aims reveal a surprising coherence. The ancient Chinese synthesis of “emotion, reason, and law” resonates strongly with the New Zealand focus on balanced, interest-based negotiation, seeking to combine fairness with harmony, justice with practicality.