The Connection Of The Litigation And Mediation

As Takao Tanase pointed out: "no matter what kind of dispute resolution system,in reality,its form and function of dispute resolution is always defined by various social conditions.Therefore,when analyzing the quasi-trial system,we must put it in the general background of the society,and examine how the various social conditions define the actual role of the dispute settlement system.The rise of litigation and mediation in China is not a unified arrangement of the state,but a working mechanism gradually formed by grass-roots judicial organs or government agencies in the process of handling various social conflicts or disputes.In the dispute settlement mechanism of litigation and mediation,the court diverging cases is an important way of "litigation and mediation" docking,and the court's application of litigation procedures or non-litigation procedures to confirm the effectiveness of the people's mediation agreement is the main way of "litigation and mediation" docking.In order to realize the mutual coordination,cooperation,benign interaction and effective connection between litigation and mediation,we must give full play to the role of people's mediation in resolving disputes in a timely and effective manner.Therefore,this article mainly based on the empirical analysis research methods,hope that through the S City People's court ruling in H District to implement the docking of concrete,attempts to discuss the mechanism in the operation of the found some common problems existing in the current v adjustable docking mechanism,suggested by further optimize the quality of circulation mechanism,focus on efficiency,improve the cognitive aspects such as to be perfect.Finally,it can make the connection mechanism of litigation and mediation became a long-term measure to solve disputes and an important link between litigation and non-litigation.The paper consists of four parts: First of all,it introduces the background and causes of the Litigation-mediation dispute resolution mechanism,and at the same time this part defines the concept of the docking of appeal.The second part mainly analyzes the S City People's court ruling in H District of the operation situation of the docking mechanism,in S City People's court ruling in H District belong to the multiplex dispute solves the mechanism reform key demonstration court,the author thinks that common problems existing in the operation of the mechanism are far more than its personality problems,so by looking at S City People's court ruling in H District the docking platform construction,v.docking process setting and related indexes,the empirical analysis of in S City People's court ruling in H District the docking center working situation,the types of cases,the mediator of situation and the understanding of adjustable docking made a detailed analysis.The third part first discusses the legislative status quo of litigation and mediation docking,and then summarizes the problems in the implementation of litigation and mediation docking according to the case study,such as the existence of small and single number of mediators,insufficient attention paid by the court to inviting mediation and industrial mediation,and malicious mediation.In fourth part,the author focuses on the perspective of system theory and thinks about the solutions to the problems in operation,so as to better improve the docking mechanism of litigation and mediation,strive for effective social recognition,and achieve the judicial and social effects that the docking mechanism of litigation and mediation wants to achieve.