On Court Mediation System

Only being planted into the land of specific culture can legal institutions gain its living power, so does the institutions for dispute settlement. China is the motherland of Rujia culture which symbolizes with coordination and naturalness. We have a long tradition of solving (dispute) privately, holding in belief that to make peace is more valuable and cherishable. Mediation dominated by judge is in its nature a peaceful negotiation method for civil rights dispute solutions between litigant parties in their own wills. But it also has unsubstitutional merits for some disputes that adjudication may not match. Many countries around the world, whether they are belonging to civil law or common law legal families, value mediation or rendering reconciliation suggestions to the disputed parties. In fact, reconciliation during judicial proceedings in many foreign countries has no basic difference in comparison to our's. Being regarded as a coordinated combination of ethics and law, mediation dominated by judge in our country has long been deemed as important institutions in civil procedure, and do has played an important role in judicial practice. Although there still exists some defects in it, that does not necessarily mean we shoud say no to this instituions. Wise choice is to transform it creatively for its reform and further perfection by taking into considerations the special conditions of our country and absorbing useful elements of modern legal systems of western countries.