This chapter examines the formation of a liberal mining regime in Tonkin, which fueled a mining frenzy in the 1920s. To encourage prospectors and capitalists to invest in and exploit the mining resources of remote colonies, such as Tonkin and Annam, a colonial mining regime that granted mine explorers extensive rights to control and develop mining concessions as they saw fit was formulated in 1897. This chapter also explores how the liberal mining regime in Tonkin enabled the rise of big coal companies, such as the French Coal Company of Tonkin (SFCT) and Đông Triều Coal Company (SCDT). Their rapid growth and illicit mining expansion subsequently led to increasing conflicts among the two companies, the colonial government, and local communities over the use of natural resources, such as timber forests, public land, and maritime zones. Overall, this chapter highlights how the bubble created by mining deregulation led to the wasteful use and arbitrary division of land, rampant prospecting fraud, widespread destruction of preexisting forests at mining perimeters, and the illegal tactics employed by the big coal companies to encroach upon public resources.

Drawing from the memoirs of Edmond Fuchs and Emile Sarran – two French geologists sent by the French government to Tonkin in the 1880s to conduct mining expeditions – this chapter reconstructs their geological mission and examines their ecological and geological findings about the Quảng Yên coal basin in Tonkin. The chapter also underscores several limitations and inconsistencies in the French geological findings, including Fuchs’ overoptimistic assessment of the industrial and military applications of Tonkinese coal, Sarran’s inflated estimates of Tonkin’s coal reserves, and their omission of the impact of environmental factors on future large-scale coal mining activities in Tonkin. It argues that these scientific limits resulted from logistical and topographical challenges encountered by the geologists in Tonkin. It further posits that the immense pressure imposed by both the French government and the French Ministry of the Navy and Colonies was likely a contributing factor, since it was necessary for the geologists’ missions to demonstrate how the discovery of Tonkinese coal could help strengthen French industrial might and imperial ambitions in Asia.

Chapter 6 provides a detailed empirical case study on the feasibility of mediation in grassroots societies of China. This chapter employs qualitative methods, including participant observation and thick description, to illustrate the entire process of court mediation in a rural village in Yunnan Province. It highlights the unique micro skills and techniques used by grassroots judges to facilitate dispute resolution, emphasising the importance of mediation in preserving face and repairing interpersonal relationships. The chapter argues that mediation is particularly suitable for the rural context due to the social, cultural and economic characteristics of the region. It also discusses the challenges faced by grassroots judges, including their educational background and the mismatch between formal legal training and local needs. The findings suggest that mediation is a more effective and humane approach to dispute resolution in underdeveloped areas, offering a practical alternative to litigation.

Chapter 4 provides a systematic overview of the legal framework governing mediation in China. It categorises mediation into different styles and types, such as evaluative and facilitative mediation, and discusses how these are applied within the Chinese legal context. The chapter explores the regulatory systems underpinning mediation, including the judicial interpretations provided by the Supreme People’s Court and local legislative efforts. A significant portion of the chapter is dedicated to analysing the latest developments and challenges in the legislation of commercial mediation in light of the Singapore Mediation Convention. The concept of ‘politically correct pragmatism’ is highlighted, showcasing how political correctness and pragmatic flexibility dynamically interact within mediation legal rules. This comprehensive review of mediation regulations provides readers with a detailed understanding of the Chinese ADR system, emphasising its unique characteristics and the interplay between state law and local practices.

Chapter 3 explores the historical development of the Chinese mediation system in modern China, employing a diachronic approach that integrates both quantitative and qualitative data. This chapter traces the evolution and patterns of dispute resolution systems and policies from the late Qing dynasty to contemporary China, illustrating the impact of historical events on current practices. It aims to deduce the theoretical characteristics of the Chinese mediation system, specifically politically correct pragmatism, by analysing the interplay between political ideology and practical adaptations over different historical periods in the area of Chinese mediation.

Chapter 2 establishes the foundational context of dispute resolution in China by delving into the cultural, social and political factors that shape Chinese mediation practices. The chapter highlights the significant influence of Confucianism on the Chinese mindset, emphasising harmonious, integrative and compromising approaches to conflict resolution. It discusses how Chinese people’s dispute resolution strategies are deeply rooted in social relationships (guanxi) and local governance structures, particularly in rural areas. The chapter also examines the balance between emotion and rationality in Chinese culture and its impact on mediation preferences. Additionally, it addresses the interaction between state law and local customs, illustrating the unique dynamics within China’s diverse and transitional society. The chapter concludes by emphasising the importance of empirical research and interdisciplinary methods to understand the complexities of Chinese mediation fully.

Chapter 5 delves into the ADR movement both globally and in China. Through an interdisciplinary methodology and fieldwork, it details how the policy of ‘persisting and developing the Fengqiao Experience’ is transmitted from the central government to the grassroots level. The chapter provides an in-depth analysis of how grassroots communities and judicial organisations in China implement central policies, innovate based on practical conditions and adapt pragmatically. It highlights the local characteristics of dispute resolution and the challenges faced by macro-level policies in addressing significant regional socioeconomic disparities in China.