| The court's mediation contains three functions including being an initiator, being a director and being the people of conforming results. Investigating the properties of mediation and judicial, mediation belongs to the social autonomy ways to resolve the disputes which judicial is the operation of public power. Court should be allowed to provide convenience for mediation when it participates in mediation, but do not will be applied to the judicial power in mediation process. The court shall not use public power's function when participating in mediation. The court shall use the initiator function and director function instead of conform results functions because results confirm function is the use of public power which should be resolutely avoid. Investigating the word and history of mediation, it demands the full-authority's mediators in China. The impartiality of mediation results also demands authority which asks us to continue court mediation function. It will take lower judicial organs'pressure to us. Based on the analysis of the basic theory, this paper analyses the functions of mediation between different types of mediation. The differences'reason and our suggestion will be discussed. First, we will discuss basic theory in three views. Word origin, historical and legal perspective of theoretical are included. Second, it will analyze three functions in different types of mediation. We will compare different types of practices in mediation; It will talk about the reason of differences between west and east else. The history of public power's intervention, the extent of justice entity aspects, requirements of privacy autonomy consciousness and being care to public power will be discussed. Through the analysis of these phenomena, we will find out the relation of cultural reasons and the court's functions in mediation; Base on comparison and analysis of the two aspects of the cultural differences in mediation, we will put forward the court's best function at last.
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