Tactic Three – Invoking or Claiming Authority
Invoking authority, often involves mentioning the level of the officials, the administrative power that are involved in the case,reference to laws, old sayings and proverbs.Claiming authority is to show one’s power by age, position and disciplining the disputants.
In some cases, the mediator has positional power due to their administrative status.In fact, the role of mediator is usually played by officials or administrative personnel assigned by the government.The first way they invoke their authority is by stating that they represent the village government or the township.
In the case of woods dispute between a male villager and a female villager, the mediator is a township official.After the case was mediated by the village officials and failed, it is transferred to the higher level administrative unit — the township government.Note how from the underlined sentences, the township level government is invoked as an authority in this case.Following the invocation of authority, the mediator pronounced the requirement for the disputants during the mediation, “I hope you two can stay calm…”
(M – the mediator; L – the female disputant; C – the male disputant)
M: Li Qiaofang, Wang Qi you both are here now.The village and the group have set up several sessions of mediation,but both families do not agree.Now this case has been referred to the township’s government.And the township have specially arranged a time for you to deal with this so that we can solve this problem caused by the disaster for you in time.I hope you two can stay calm during the mediation.No quarreling, no shouting.Take the floor one by one.There is enough time for you to air your view even it is hard to make it clear.
In order to emphasize the authenticity of the purpose of the mediation so that the disputants will be honest, the mediator invokes the authority of the township again in the other half of the opening speech:
“Besides, this dispute has caught our attention and the township has done some investigation and has put much emphasis on it.Now, let’s hurry up.Tell us the situation then truthfully, Qiaofang, because the township has done some investigations.If you don’t tell the truth, the township has done some investigation.In order to solve the problem better.I hope you can state the situation truthfully.Now,Qiao-fang, will you state your reasons briefly?”
M starts by introducing why the case goes from the village level to the level of the township government.She asks the disputants to be honest as the township government has conducted an investigation before the mediation.M has positional power right from the beginning.The following is Li Qiaofang, the female villager’s response to the mediator’s request to “state the situation truthfully.”
L: Well…Today the dispute between my family and the family of Wang Qi has even caught the attention of the township officials.Our case has been handled by the village, we don’t agree, both of our families don’t agree.Therefore, we have to bother the township government to host, to take the time to solve the issue for us.That is to say, this…
Note that the female villager accepts the authority of the township by saying that their dispute “has even caught the attention of the township officials,”and “we have to bother the township government to host, to take the time to solve the issue for us.”She is putting herself in a lower position, submitting to the power of the township government.Hierarchy or power differences are a salient and deeply ingrained phenomenon in the social structure of the rural China.Usually, the administrative units in rural areas include the group, the village and the township, from the bottom to the top.
The power structure is reinforced again, when the male villager starts to tell his side of the story, he refers to the higher authority for support for his argument.
C: This incident is like this… The original certificate of the wood’s ownership says that the boundary is the path.However the path does not refer to the current path but the old one on the hill.We have consulted some elder people such as the retired village head.They have a relatively clear idea about this situation.The village and the group did some investigation.Then, we also invited the township leaders to do some investigation.Now,there is not much to be said.
Both L and C accept the authority invoked by M.As shown in the following excerpts, it is a societal norm to submit to the local authority’s decision.M starts to make final judgment by saying“you should respect the adjudication of the township,”despite that the disputants have disagreement over the ownership of the woods.
M: It seems that.The village government has tried to deal with your issue.But both of your families think that (the woods) belong to yourselves.Now, you should respect the adjudication of the township.The township has done the investigation.Also, the two public order supervisors have also went to the village, That is to say, they have gone to the former group leader.The group leader then is in his seventies, but his statement is mainly clear.At that time,the village government divided the woods by the path, by the old path.Now the path has changed.It seems that the paths are one…
…
L: I still don’t agree.I chopped several of my own trees from my own woods to use, what’s more, I planted some young trees in the woods, but he plants nothing.Now, the town government, the former village head and the former branch secretary think, they belong to his family.You have mentioned this, but I still do not agree…
You say it belongs to his family; the opinions of the township, according to the investigation, turn out it belongs to his family.Anyway, I think the woods belong to my family, but you said it belongs to his family…
I want to know what Wang Qi your family say.The trees have been chopped, so what on earth should we use, the little path or the big path as the boundary? Today let’s listen to the town government’s opinions for the time being, and in the future if our investigation turns out that it is not, then you should return my money, and the woods should also be returned to my family.
L expresses great doubt about ownership of the woods in private, however she is willing to accept follow the township government’s decision for the time being, which also implicitly means she accepts the authority of the local government.She would like to compensate C for the loss the trees.It is interesting to note that she returns to her objection to the result of the township’s investigation.We can also observe that later she would go back to her objection of the result of the township’s investigation.The male villager C also accepts the township’s authority in terms of compensation:
M: You give a price, give one.
L: It doesn’t matter being higher or lower.Anyways, you leaders are all here, so you can give a reasonable price for me.
…
C: What she said is not right.You have cut (my trees), and I let it be, but you want to bully me too.I won’t let it happen.
L: The trees that I chopped down were in my woods, yeah.
M: Hey, I suggest that we stop talking about that.That leads far.Now you should just respect the opinions of the town government, because the government has done some investigation and reviewed some ancestral books.The issue of the woods is definite.It belongs to Wang Qi’s family…
The mediator requests that both parties “respect the opinions of the town government”by stopping their arguments over ownership of the woods.This unconditional obedience is due to the power the township government has over the residents.The fact that they have done some investigation and reviewed some ancestral books add to the authority and trustworthiness of what the mediator says.
Another instance of the mediator invoking the authority of the government is seen in the excerpt below.In this expert from the broken engagement compensation case, the mediator is a village official, and represents the village’s government.The mediator starts the mediation session as follows:
M: Today is the fourth of July, 2006.Today our Qinggang Village has informed you two young people from group one and two, and the matchmaker to come here, to mainly resolve the frequent disputes caused by the love affair between you two in the recent month.This dispute has been mediated several times by the group and has been reported to the village many times.Considering the relationship between the two families neighboring each other, and bad influence created by the constant quarrels between you two, the village, today, arranged time specially, and informed you, Zhang qiang, He Ying and Peng Ping, your matchmaker, to sit down in the mediation hosted by me…Recently, the village government has been very busy, and there are a lot of things to deal with.We especially arrange this time for you, and hope you will be sincere.Try to resolve the issue, resolve it.
The mediator speaks on behalf of the village government.Note that the mediator says “we,”which is a first person plural pronoun and gives much weight to her speech.She mentioned twice that the time is especially reserved for their mediation,even though the village government has been very busy with daily administrative affairs and urges the disputants to resolve the issue within this mediation session.
(M – the mediator)
M: In my opinion, since the village host this thing to mediate for both of you, so hope that you will respect the opinions of the village.Yeah, respect the opinion of the village.The village just listened to the opinions of both sides, and I give you a suggestion, that is 5000 yuan and resolve it once and for all.Nothing else should be mentioned.I should…you both should…should understand…should understand.If you do not follow the mediation of the village and continue to be tangled up by it for a long time, you can only, you can only go to the court.In that case, you all need to go.The fee for cancellation and the relationship between the two families cannot be appeased and it is not good for solidarity.Yeah, besides, sometimes you need to hire a representative.Your 5000 yuan will…apart from losing money in the lawsuit, a case like yours, the court will not…will not take charge of the case.This is a small dispute, not a big one.Hope that both of you will respect the opinions of the township, and also respect the opinions of the village… Don’t quibble over it anymore, if you two still continue entangling with it, our village will…the village cannot often spend time to deal with this problem for you.You two can go back and go though the Marriage Law, go through the Marriage Law.Then study it again and again.Study the law to see whether this will be protected by the law or not.
Note that the mediator avoids using the first person singular pronoun “I,”instead, she kept mentioning “the village”.This is to indicate that she is not speaking for herself but rather for the village government.M pushes the male villager to accept the female villager’s offer and resolve the conflict.M tells them about the bad influence it may have on the relationship between the two families, as well as the economic loss they may have if they bring the case to the court.M asks both parties to respect the opinions of the village officials.Realizing that the parties may not easily accept authority from the village officials, she,asks both parties to consider the authority of the village government, as well as invoking the authority of the law to try to persuade the parties to resolve the dispute within the mediation.
(W – the female disputant; C – the male disputant)
W: I’ve read the Marriage Law, and I went through it.It says that the money should not be returned.He gives it to others out of his free will and nobody forces him to do it.So if he is reasonable, just like you said, I will return him 5000 yuan.I really read the Marriage Law and it says that you give these things out of your own free will, that is, I should not return the money.
C: My marriage is not protected by the law, but my possessions should be protected by the law.
W confirms M’s view that the Marriage Laws do not protect engagements.W’s knowledge on the law, and her showing off the fact that she has read the marriage law is a way to claim authority for herself.C fights back by saying that his possessions should be protected by the law, also adopting the same method — using the law-to claim authority.
…
M: …So the village has made, made a resolution for you.To mediate for you is due to your sincerity.As for us, the village has no right to settle the problem for you, no right to settle the problem for you.We can only mediate for you.As for mediation, you both need to sign.Once you sign, the problem is solved, and nobody will mention it any longer.If you do not agree, your problem will be dealt with through litigation, through the law and the court.It’s up to you, your opinions.
M explains the limited power of the village official on this conflict.They can only conduct mediation between the two parties, and the agreement of this mediation needs to be signed by both parties as a promise that they will adhere to.These words serve as a summary of the mediation, indicating, it is time to end the mediation and to sign an agreement.The mediator realizes that W, being an emigrate worker in a city outside the village, will not easily abide by the local authority.Usually having worked in the city means having broader horizon and great competence in handling things.Therefore, she also says, “it’s up to you.”From here, we can see that the ideals in Chinese mediation also include voluntariness and respect of personal opinions, even though, the mediator has been claiming positional power and trying to persuade the parties to accept the resolution from the village government.This is to counter balance the education tactic the mediator uses and to say, “We think this is the right way for you,but the decision is yours and we respect your opinions on the matter.”
Sometimes, the mediator claims authority by disciplining the disputants, and by maintaining the order and procedure of the mediation session.In the case of pre-trial divorce mediation, the mediator is a middle-aged woman.Usually, in Chinese culture, she is expected to have a great deal of experience with and wisdom about marriage relationships.She is also using this expectation to invoke her authority.She states the procedure and purpose of the mediation at the very beginning with unquestionable authority and assertiveness.
M: I, I, first, learn about the situation, then in the future,you can come.My family name is Yang.About marriage this thing, as a saying goes, “free marriage”, on general conditions, the marriage has lasted for such a long time,well, people’s feelings are both...Having problems is normal.Why others don’t have problems, just we have problems? Well, according to this situation, let’s analyze the situation, let’s see if the marriage have or not have possibilities to work out again.If there are actually no possibilities to fix it, then just let it go.If there are some possibilities of getting back together, then do it “if not for the monk’s face, then for the Buddha’s”, right? So,at the beginning, I have said, we are going to verify your marriage situation, verify some of your real feelings during that time…Look at this, doesn’t he come?
Secretary: He refused to come.
M: You wait for a moment.We should sit face to face...
M states the purpose of the mediation and of the verification of the affection foundation or background for the couple.M uses the old saying “if not for the monk’s face, then for the Buddha’s”to say that both parties should “value the mediator’s face”and get back together if they think there is possibility to reconcile.As was illustrated before, quoting old sayings or proverbs is a way to claim authority for oneself.The Chinese rely heavily on old sayings and proverbs in their daily conversation.The speaker can claim power by quoting the proper sayings or proverbs and intend for the act to have persuasive effect on the listener.
Note that the husband left the room to avoid confrontation with the wife.According to NG and Bradac (1993), withdrawing ones turn by physically leaving the site of verbal exchange, is used by the powerless party to avoid having another’s influence exerted on to them.During the mediation session I observed, the husband was indeed the powerless party showing more withdrawal,hesitation and vagueness.
（M – the mediator; H – the husband）
M: Ding jian, are you clear?
H: Me? ...I am clear.After the verification…after verifying the situations, then state…state back to back.
M: No…
H: I don’t want to say anything face to face.
M: No, no no.
H: I don’t want to say anything face to face.
M: After the verification, after the verification, after the verification of the situations, then we will discuss it again, face to face, back to back, all about the…well,that is to say, when sitting face to face, whether it is the truth each tells, then you can...one side states one side’s reasons, this side gives one kind of story, the other side gives another one, otherwise you…whose story should we believe? Right? So, we verify what needs to be verified,when it needs to sit back to back, then we sit back to back, all right? Our job…
H: Then…then…, no…back to back…
M: Uh…you think that we should…
H: …
M: Look, about this…uh, we should…look, we will…You see,my method is this method, so I tell you my purpose, we want to know the current situation of both parties,whether you….agree with our mediation.Right? The plaintiff, you…you, now do you agree to mediation?
M tries to keep the husband involved in the mediation, so that both parties can tell their stories while she is verifying the facts of the case, despite the husband’s reluctance to engage.He states twice that he does not want to talk to the wife face to face.The mediator simply dismisses his request twice by saying “no.”This shows her absolute authority in the mediation session.Her effort to implement her plan in the mediation is to ensure the progress of the mediation’s procedural stages.Furthermore, the mediator asserts her authority in the situation by asserting her age and her experience with marital relations and conflict.
M: Stop talking for a while, listen, you listen to me.When I ask you to talk, you talk, OK?
…
H: Let me say something.
M: Right? I have said it.When I let you talk you talk.
…
W: Could you let me finish what I have to say?
M: That, I…I…let me go back to what I was saying.Then you…also think it over.Think it over.You can say what you are thinking about, can’t you? The plaintiff, you talk first.Then, the defendant, you talk as well, and next…
M refuses to be interrupted by turning the floor over to the husband and the wife.She claims her authority by maintaining the order on whose turn to talk in the mediation.NG and Bradac (1993)state that the most powerful party in a conversation also has the most turns to speak.He/she will initiate more turns and has the most control over the topics discussed in the conversation.
In the case of divorce settlement pre-trial mediation, the mediator tries to maintain order in the mediation session many times by disciplining the speakers when they speak out of turn,and by using such legal terms as “plaintiff”and “defendant.”This happens in the mediation of the dispute involving the adult child’s rejection of financially supporting his elderly parents, during which the two mediators from a law office calls the son the“defendant,”as in the following excerpts.Note that the son accepts his lower position by addressing all the people in presence there “you officials”despite the fact that two mediators are merely personnel from a law office and one is a local mediator.
(M2 – the mediator 2; M3 – the mediator 3; S – the son)
M2: This is Deng.
M3: Deng Xingguo.
M2: Dang Xingguo.You, as the defendant of the case, say something about the situation.(https://www.daowen.com)
S: If you want me to say something.You officials, you please ask the elders to say something.My (Cunhua) (his wife’s name).How did they treat her? Please ask them to talk about it, then please analyze (their words).Why didn’t she want to provide support.We both...we are a married couple and there is nothing to talk about.
The following turns by the mediator are from the pre-trial mediation of divorce settlement.Every few speaking turns in the conversation, the mediator interrupts to discipline the disputants in order to keep the mediation session moving in a productive fashion.There are at least two types of disciplining adopted by the mediator in order to achieve strategic goals.One type is to regulate the conversation turns by the disputants, and to maintain the conversation flow; the other type is to facilitate the discussion of resolution, and to keep the discussion “on track.”Managing the turn and controlling the topics being discussed are a mediator’s responsibility, which is used in part to demonstrate the mediator’s power over the disputants in the mediation session.
Some example excerpts that demonstrate the turn management is as follows:
(M – the mediator)
M: Wait a second.He asked you to talk but you asked him to talk.Now he’s talking, don’t you talk.Hah.
…
M: Just now Yun Wen has already told us his opinions.So now,as the defendant, you can think for a moment.Tell us what you think about his request.You can talk a bit.Talk about your reasons, ah…
…
M: Don’t fight! Don’t fight! What are you fighting over? Hey,you two are here to have your problem solved.You are not coming to quarrel.If you just want to quarrel, I will not continue the mediation for you.It’s really unnecessary, do you get it?
…
M: You two stop talking at the same time.Talk one by one.
…
M: No, don’t interrupt me while I am speaking.
…
M: You keep talking while I am speaking.Am I not speaking in vain, wasting my language here? When I am speaking, you still need to listen.Why can’t you hear me?
…
The topic control can be seen in the following excerpts:
M: …How do you want to solve it? Well, just be straightforward.
…
M: You just speak about what is on your mind, not anybody else’s.You were only giving suggestions, not opinions.Understand? Now just talk about your opinions, OK?
…The following excerpts are a mix of both:
M: Let me tell you, listen to me.Don’t you keep arguing.What I mean is that the allowance for the kid, listen, if you do the maths… Hey, will you listen to me or not? ...
M: Stop talking anymore while I am speaking, ok? What I mean is that …
M forbids others to interrupt him, while the disputants are still quite noisy at the mediation.In fact, they keep interrupting the mediator with emotional outbursts and hollering at each other.When encountering disputants who are not submissive to the mediation discipline, the mediator needs to invoke his own power frequently.
In some situations, one or both disputants will turn to the authority of the officials who serve as their mediators when they think that their stance could be justified by the officials.In the dispute of the father accusing the son of not providing support,the father tells his side of the story with constant reference to the officials (e.g.the village head, the branch secretary) who have been involved in the dispute along the way.He knows that it is the tradition and morality of Chinese culture that the elderly parents should be supported by their offspring.The father’s request for support by the eldest son is approved by the officials,the public and the law.Furthermore, as a father, he has power in status over the son according to the tradition of the Confucius teaching, he sometimes self-select turns, and assigns turns to his son in the mediation, rather than waiting for the mediators to assign turns to him to speak.This is a means of demonstrating his inherit power over the son.
(M1 – the mediator 1; M2 – the mediator 2; S – the son; F – the father)
…
M1: Yeah, just briefly make your statement.
F: I wanna say to the leaders that, with the help of the village government …We invited the leaders and the village head to negotiate.It is no use if you cannot provide evidence… Secretary Xiong came to deal with it.Past two o’clock, it still has no result.Because of things about supporting me, they failed twice when dealing with it.
…
F: Director Xiong did some (persuasion) work several times.Yeah, after his persuasion work, you all agreed to divide the family.That evening several people along with Director Xiong came, and we started to divide the family from they two.The second son went out to work in the city, and the youngest was in school…
M2: In this aspect, your eldest son might not have any objection.
F: Having objection or not, the village knows about that.
…
F: …You leaders could ask the head of the village.He, head of the village has dealt with it.
…
F: …Head of the village is kind indeed.So head of the village came to talk, talked with them several times.It was hard to talk into agreement.We talked, but no agreement.As for the local government, I’ve also asked the former group leader to give it a try.That’s why I ran out of ideas.So did the village.Disputes could not be mediated.When we went through the paperwork at last,the branch secretary Zhang said they would come to mediate again.But he (the son) said he would not go.In the beginning, the eldest daughter was home, and they both were at home, but none of them went there.
M1 is trying to assess when the father requested the support from his sons and daughters.He asks whether the support of parents is on the agreement when they divide the family.The father says that they did not reach an agreement at the time when the family was divided, and nor could the local group or the village officials mediate the dispute at that time.M1 also asks at what age the father wants his sons and daughters to support him and who will take up the most responsibility.The father says that he would like to be supported when he got sick and now he has been sick for six or seven years, and it is mainly the sons’responsibility to support the parents, not daughters according to the local tradition.
M1: There is no need talking about that now.What I mean is
that you can talk about your request in detail now.
M2: What should the three brothers do? The other two brothers didn’t say anything.What is your request on the support?
F: I’ve no idea.If I say too high, they won’t accept it.If I say too low, I can’t live with it.Anyways, through the leaders’ judgment, I will accept whatever amount that is assigned to me.
M1: How much is your request approximately?
The father submits his request totally to the “judgment”of the officials and the mediators.This is a way to say, “I am willing to accept your authority, and please give me a fair and justifiable solution”.Note that he calls the solution “the leader’s judgment”despite the fact that it is a mediation session and the parties are supposed to come up with their request and agreement.In this case, rank in government outweighs age in determining the power distribution.According to his accounts of previous incidents and mediations which the local officials have participated in, the father has always entrusted the family conflicts to the authorities to handle.He is acutely aware that the authorities are sympathetic to his position with regard to his request for financial support by his adult children.He also gains their support by referring to the past events where his request for support was backed up by the local officials including the group leaders, head of the village, branch secretary, etc.
Furthermore, as a father, he has power in status over the son according to the tradition of the Confucius teaching, he sometimes self-select turns, and assigns turns to his son in the mediation, rather than waiting for the mediators to assign turns to him to speak.This is a means of demonstration of his inherit power as in the following turns:
F: On this occasion today, there are no elders or young people.Yeah, talk about us elders.You may say something about…
M1: Tell us about your reasons…you can go ahead and say why you’re not satisfied with your elders or whatever is on your mind about your elders.
M2: You can let it out today.It’s no big deal, please
F: On this occasion, there are no elders or young people( )
M1: Say something about your reasons.What’s on your mind?
M2: Speak for yourself and say something.Talk about your relationship with your dad.Forget about your wife for a while.What do you think about providing support for your elders? These officials are here today; this is why they are here.
In this excerpt, the first two turns by the father are self initiated.At this point, the father joins the mediators in attempting to persuade the son to tell them all his reasons or not supporting his parents.Furthermore, the son’s powerlessness in this situation is quite clear; when the son wants the father to say something, he has to ask the mediators to act as intermediary to convey the demand while the father can initiate his turn by appealing directly to the son.There are at least two sources that give greater power to the father over the son in this mediation.The first one is his identity as a father and as an elderly person.This power is both inherited and accepted by all the participants in the mediation, as is demonstrated while he is referred to as“elder.”The other aspect is that the father’s claim of the right to be supported by his children is legitimate in terms of both the law and the social norms of Chinese society.
In the following excerpt, the son is finally willing to open his heart and tell the mediators “whatever is on his mind.”The reason is that the father did not take care of his child while the son and his wife are working outside their hometown.All of the son’s turns are uttered in a way that is barely understandable.When I transcribe his utterances, I find it very hard to catch what he is trying to say.After listening to the whole process of the mediation, I could figure out the meaning.He uses prolonged sounds, blurry sentences and lower pitch in his utterances.His hesitancy to speak out for himself is in accordance with his less powerful and unjustified position in the case.
S: On providing support, I have no view, but it’s, I say to all you people who’ve come here today, that all these years while we have been working outside our hometown(.)(It’s been) eleven or twelve years.What did you do to help us out? What did you do for us? We could always hire people,but you think one thing, and it turns out another.
M1: Please say more.
S: After we split from the family, we have been fighting over ( ) there is no way out( ).
M1: You say whatever, speak out whatever is on your mind.
M2: What do you think that the two elders have , the two elders have done wrong.You may speak out about these.What do you think that the elders have done wrong? You don’t want to support them and you must have your reasons.
S: Also things like when our kid is young and we split from the big family, our kid is very young, (they send back our kid).Of course, I am OK with that.Other young people(my wife) has her own opinions.
M1: You mainly talk about your own opinions.Her opinions, of course, you need to consider.Please mainly talk about your own opinions.
S: So now, I am convinced but she is not.She was mad at me.( ) Recently, I called her several times to ask her.I did not find her to discuss (with her).It has been twenty something days and I have nobody to discuss with (She waits until ten or twenty days to call me once).One phone call (at most) one week and half.
The mediators’ turns are tactics to encourage, or almost to urge the son to provide more information as well as controlling the topic of the discussion.Again, the son blames his wife, and the mediators are still pushing him to give his own reasons.In the son’s last speaking turn, rather than provide the information the mediation team seeks, he complains that his wife gives him trouble, and that he is unable to communicate with her.This sets up a barrier for the conflict to be resolved.
During mediations that occur in the courtroom, the judge becomes the mediator.He has the power gained from his official position, as well as his expert knowledge of the law and judgments.At the end of the mediation of the dispute on the wine money, the judge asserts his power to make declarations when both parties reach an agreement.He takes on a formal tone at the end of the trial while declaring the decision of the court, invoking the power of a judge.It is characteristic of this kind of court mediation.
The following excerpt is from the case of the interval-trial dispute on wine payment:
(J – the judge)
J: After the court did persuasion work “back to back,”On the issue of Zhao Fei paying off 150,000 yuan wine money in a short term, the plaintiff and the defendant have already reached an agreement.Other problems concerned, you discuss by yourselves.Please take notes,Secretary/stenographer.
…
J: After the mediation, the plaintiff and the defendant reach an agreement voluntarily: First, Counting from today, Zhao Fei, the defendant repay, Zhang Weifeng, the plaintiff, 150, 000 yuan within 100 days.If does not repay in the period of time, he will pay the interest of penalty concerned.Second, Zhao Fei, the defendant,pays for the court fee, 3500 yuan.This fee will be paid together with the 150,000 yuan wine money to the plaintiff.No dispute in other things.
I hereby, declare the close of the court.The plaintiff and the defendant confirm the notes and sign.
From the announcement above, we may be confused as to whether the episode is a trial, a mediation session, or a combination of both.On the one hand, the judge states that the decision is based on the mediation.On the other hand, he refers to the disputants as the plaintiff and the defendant, and used the formulaic ending of a trial “I hereby, declare the close of the court.”This is typical of a Chinese court mediation which usually happens in the middle of a trial when facts from both parties are heard by the judge and both parties agree to mediation instead of having a full trial.The mediator in this case still has power as a judge but admits that both parties must use their free will to settle the conflict in an agreement, which obviously has to follow in the direction of the judge’s premeditated plan.