The Reconsideration And Redesign Of The People Mediation

The people mediation system is one of Chinese specific alternative disputeresolutions(ADR), which is known as an"oriental flower"in judiciary. The people mediationsolves the dispute in a short time at a low expense and fully serves the function of main bodyof being a litigant in the solution process to obtain a satisfactory result. However, because theworking mechanism is unreasonable, the mediator is unqualified, the mediation method isobsolete, the agreement of the mediation is inefficiency and the people mediation committeelacks the direction for the people court, the people mediation becomes decline. On the otherhand, the alternative dispute resolution (ADR) of foreign countries is vigorously developing.And ADR's function and value is being recognized by people. This provides us a newperspective to reconsider the people mediation. We find that the law idea of"Post litigationera", the functional disorder of the civil procedure, the traditional mediation culture, and theclassified theory of the civil dispute lay the foundation of the theory for redesigning thepeople mediation system. The realistic request of the dispute resolution, and the inherent lawof the judiciary reform lay the foundation of reality for redesigning the people mediationsystem. Under the nongovernmental and autonomic idea, to redesign the people mediationsystem and strengthen the standardization of the people mediation, we should perform fromthe following aspects: standardization and completion of the mediation organization;procedure of the mediation process; normalization of the mediator; standardization of thepeople court's direction and the mediation agreement's validity. In order to effectively solvethe dispute, we may construct the basic people court attached with the people mediationsystem to harmonize the people mediation and the litigation system.