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The ways to resolve civil and commercial disputes

Updated: Apr 2, 2018 Print

According to relevant laws and regulations in China, like Chinese, foreigners in China have the following four main ways to resolve civil and commercial disputes: (1) reconciliation, namely, the parties negotiate by themselves. (2) Mediation, namely, a third party, according to certain social norms (habits, morals, law, etc.), communicates information between the disputed parties, sets forth facts and reasons things out, leads disputed parties to mutual understanding, compromise, and finally resolve the dispute. Mediation includes people’s mediation, administrative mediation and judicial mediation. (3) Arbitration, namely, with the agreement of the parties by negotiations, an arbitration tribunal shall, in accordance with the law, try civil and commercial disputes and make a legal document to quell conflicts. Arbitration is private of nature and is based on the agreement of the parties. (4) Litigation, namely, “the civil lawsuit” called by people, is a typical public remedy, and has the special legal compulsory effect, and is the most effective and a final means to resolve civil disputes.

A lot of foreign friends are not familiar with Chinese law, and they find difficulty in resolving civil and commercial disputes by themselves and need legal services to help resolve disputes. According to relevant Chinese law, foreigners in China can hire a lawyer to deal with civil and commercial disputes.

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