A Study On The Mediation System Of Civil Action

In our country,"conciliate" first in the "Supreme People’s Court on the application of certain provisions of the summary trial in civil cases" was clearly stated, and later evolved into litigation and non-litigation dispute resolution mechanism of convergence, to2012August31,"first mediation" as a system to be finalized in the new "Civil Procedure Law". From the legislative provisions of Civil Procedure, the "v" is a prerequisite for the existence constitutes a first mediation system;"The parties voluntarily" is an essential requirement in advance of mediation. The new "Civil Law" just made a first outline the contours of mediation, the details of the time node, mediation and conciliation range of subjects and the like did not make it clear that the scholars of their wise see wisdom.Before the first mediation system in the form of legal provisions are identified, many courts have been carried out in advance mediation, mediation through a comprehensive specification first, first mediation cases strict process management, to a certain extent, played a leading mediation role in resolving disputes:reduce the pressure of the Court, the judge maintained neutrality and impartiality, reducing the defendant tired of the parties. Although the first mediation system to resolve a large number of Litigation disputes, but exposed many problems:mediation body dislocation, contrary to the principle of voluntariness, v. difficult to achieve seamless transfer, confirm the effectiveness of the mediation agreement blemishes, and other system management anomie.We need to re-understanding from the perspective ought to advance the mediation system to accurately use the system. First mediation system has a legitimate basis for its existence. Profound cultural heritage laws, court cases faced little more than embarrassment, case type diversity is a reality-based mediation system exists in advance; party consensus, of the principles of social justice, the principle is the legal basis to measure the value of leading mediation system exists. Mediation is essentially the first pre-filing mediation, voluntary mediation, alternative dispute resolution mechanisms. First mediation system both for the parties, the court or the entire community plays a huge role:party consensus in favor of the formation of the two sides is conducive to peace mediation to share the results, help to reduce the cost of dispute resolution; help alleviate the pressure on the judiciary and improve judicial efficiency, conducive to change the court’s judicial philosophy; conducive to maintaining social stability and building a harmonious society. Therefore, we need to inspect foreign-related system and draw clear in advance the applicable conditions of mediation, conciliation explore appropriate ways to achieve seamless v. tune and improve the effectiveness of the mediation agreement confirmation process, improve the quality and efficiency of mediation first management system, thus reasonable application of the system.