Foreign mediators play crucial role in dispute resolution

Judicial assistant

In 2015, the Yiwu court joined the process by launching a litigation-mediation linkage mechanism.

With the consent of both parties, the court can refer foreign-related civil or commercial disputes to the committee for mediation. If mediation is unsuccessful, the dispute can proceed to litigation.

During the process, the Yiwu justice bureau is responsible for reviewing the qualifications of foreign mediators. The court's role is to enhance the legal guidance and support for the mediation of disputes.

Chen Chengjian, vice-president of the court, praised the involvement of foreign mediators, saying that they have alleviated the difficulties judges face in contacting foreign defendants and delivering legal documents.

"They can also quickly close the distance with foreign business persons, who will naturally trust them," he explained in regard to foreign mediators' role as "judicial assistants".

In Keqiao, Shaoxing, just a two-hour drive from Yiwu, foreign mediators have been playing a significant role in supporting judges. Keqiao handles about a quarter of global textile transactions each year, with products sold to over 190 countries and regions. It is also home to more than 5,000 foreign merchants, and disputes involving foreigners are not uncommon.

"Many foreign litigants only had names, lacking detailed contact information and home addresses, which brought a great challenge for us to find them and deliver case materials in time," Li Zisu, vice-president of the Keqiao District People's Court, said.

"Additionally, language and cultural differences also increased the difficulty of tackling disputes. This is why since 2018 we've formed a team consisting of foreigners who have spent many years studying and conducting business in China and are fluent in Chinese to assist judges in mediating international cases."

Antar Ali, from Yemen, is a member of the team. After graduating from the East China University of Science and Technology in Shanghai in 2000, Ali briefly returned to his home country before going to Keqiao to run a textile business.

In September 2018, he applied to join the team. Soon, he started mediating for merchants mainly from Yemen, Pakistan and India. "Helping resolve disputes between Chinese and foreigners has improved my business credibility, and brought me a great sense of fulfillment," he said.

While incorporating the knowledge of Chinese law provided by judges into his mediation efforts, Ali also shares legal information and his own mediation experiences with new foreign traders who come to Keqiao.