Reflection And Reconstruction Of Judicial Mediation System

With the development of economy, there are changes of social values, social structures and social relationships in Chinese society. The limited judicial resource can not afford to the cost of raising social disputes.As a dispute resolution, the mediation system has a long history in China, but it has a lot of drawbacks nowadays because the society has changed and the civil rights are more and more important to citizens. Meanwhile, the judicial mediation system can not satisfy the requirements of equality and fairness which the public needed. Parties also want to have an efficient way to solve their disputes. So it is necessary to reconstruct the judicial mediation system and it also represents the reform of China's civil trial structure.To reform the judicial mediation system, the judicial circles always use the method of model analysis, but they have neglected the observation of mediation process. They always look upon the judicial mediation as a work style of the court, but they have neglected the thoughts and feelings of the adversaries.By analyzing the history and reality of the mediation system and by contrasting with foreign settlement system, this paper gives us an idea that the standpoint of the judicial mediation system reform should be the process of forming consent. So that the judicial mediation will become a dispute resolution with both fairness and efficiency, and it will give play to its ideal function and effect in civil procedure.