ABSTRACT
With the exception of elites who had the wealth and connections necessary to adjudicate their cases according to the procedures of the formal legal system, most people embroiled in disputes tended to first resolve their cases by means of private mediation. Such mediation featured a wide range of subtle and not-so-subtle pressures, the use of moralistic language, and in some cases even material inducements. The goal of the mediation process was the achievement of some form of compromise, with the need to establish peace and harmony based on customary ethical values proving more important than adjudicating right and wrong according to the law. In the best of all possible worlds, the mediated conclusion to a dispute should provide some degree of legitimation for all parties who successfully complete this process, meaning vindication for the victors and a face-saving solution for losers. One well-known form of mediation in late Qing and Republican China was the ceremony of “drinking mediation tea” (chijiangcha 吃講茶), in which teahouses could serve as a sort of public court where disputes could be resolved (Wang 2000, 2006).
