| The mediation system appeared and evolved in response to social development needs. Although there are social conflicts and disputes, the society has its own function and roles for problem-solving, which right serves as the foundation of the existence of a mediation system. Mediation relies on the will of problem-solving on the part of concerned parties. It does not have the same legal enforcement power irrespective of the will of the parties in question as with a court ruling. Therefore, mediation has its own nature and features. The existing laws have some deficiency in the arrangement of mediation, which cannot fully reflect the principles of self-willingness and punishment on solid grounds characteristic of the mediation system. As a result, the nature of mediation is varied, and a reform is rightly called for.It is necessary to restructure the civil proceeding model, complete the evidence rules for civil proceeding, cast a neutral role of the judge, and reduce the enforcement nature during the mediation process. To establish a diversified dispute-settlement system of an interchangeable nature, so as to build a more systematic civil mediation mechanism. To restructure the basic principles of the civil mediation system, perfect the procedural rules, truly implement principles of self-willingness and judgement authority, so as to restore the original requirements of a mediation system. To implement a policy of limited case review, so as to maintain the effect of the mediation agreement, and the authority of a court mediation. Meanwhile, to give the litigants certain subsidy rights, so as to achieve a balance between the litigation interests and private lawinterests.In general, as a dispute-settlement approach, the mediation system has its unique value in the efficient and effective solving of problems. It has a strong vitality under a socialist market economy. It must be maintained and improved to better serve the goal of contributing to social stability and economic growth.
|
PDF Full Text Request