Study On The Relationship Of The Non-litigation Mediation And The Civil Action

Dispute settlement mechanism of the diversity of research and development stage of theoretical research from independent practice and gradually rose to the stage of great exercise.Where the rule of law with Chinese characteristics in the social construction of non-litigation mediation mediation mechanism, especially the people as diverse dispute resolution mechanism system of the main forces, as well as current theory and practice of trying to build a sound highly concerned about the major issues.However, non-litigation mediation system in improving the legal status of the same time, the structure must meet the diversified value of dispute resolution mechanisms and complementary selective, so non-litigation mediation and how to do the connection and coordination of actions is an important research paper tries subject.Non-litigation mediation and trial are interdependent and complementary relationship. But the fact of the court mediation, the other is the practice of multiple mediation mechanism to run sluggish, resolve conflicts capacity remains weak. Because of inadequate organization and mediation processes, methods, defects and other problems, the solution was sharply divergent trends in capacity, resulting in Mediation for Dispute anemic. It is because of the pluralistic society the function of dispute resolution mechanism under the uneven distribution of a large number of disputes caused by the influx of the court, not only increase the burden on the court, it is difficult to quickly resolve the conflicts, increasing social unrest. Therefore, mediation and litigation to promote positive interaction of non-appeal mediation, led for promoting multi-judicial dispute resolution system in the healthy development and safeguard social harmony and stability is of great significance.Therefore, diversification of the global initiative against the background of dispute resolution mechanism under the urgent need for social stability and domestic order, and get rid of the plight of litigation abuse cases, our way of diversity litigation dispute resolution and mediation, etc. should have a clear understanding Trade-offs between the two should not be blindly emphasized, should be our traditional non-mining the essence of mediation in civil litigation, and learn from non-litigation dispute resolution mechanism for development results, the recognition of the dialectical mediation and litigation in both non-litigation there is reasonable, and seek to adapt to modern Civil Action convergence of systems of construction of a diversified system of dispute resolution mechanisms set up to provide the most solid theoretical foundation.