Another blog in our series on Chinese arbitration!
Can the Arbitrator Also Mediate?
Jialin Li
Many mediators and arbitrators are trained to keep those roles separate. A mediator may hear confidential information, test weaknesses, and float possible compromises; an arbitrator must decide on the record and remain visibly impartial. China has long been more willing to combine those functions, including allowing the arbitral tribunal itself to mediate a dispute before returning to adjudication if settlement fails.
That practice can make Western neutrals uneasy. But its persistence in China is not simply a cultural curiosity. It offers a useful test of