On The Problems In Practice In The Mediation Of Court

Building harmonious society advocates to use the harmonious way in order to resolve disputes. Court mediation plays an important role on aspects of resolving conflicts and building a harmonious society. It constitutes a very important part of the diversified mechanism of dispute settlement and it is called "Oriental Experience ", which is an important system, by foreign judicial circles. Due to the features of reducing the burden of litigation, saving the handling costs and improving the quality and efficiency in the judicial practice of court mediation, the mediation of court play a pivotal role on settling the disputes, calming down the disputes and promoting social harmony. As to resolve disputes quickly and positively effect, the court mediation has not been in doubt. But the author profoundly feels that system of the present court mediation shows not only a more strong doctrine of color, which has great historical limitations, but also a violation of civil law in the course of undertaking the cases, leading to a series of Social side effects. In particular, the current social conflict become more acute and complex that adds to the difficulty of court mediation at the same time the mediation problems become even more prominent. "Mediation fever"swept over the country, a tendency --- pursuit of "conciliation rate"in the one-sided by civil and commercial trials, is also spreading. The author sees that the just, efficient and harmonious realization of such values may not be Protection in many cases of mediation, high rates of court Mediation bring us harmony, while it may conceal the compulsory mediation and also cover up a truth----" to take sentence instead of court mediation ", "to take drag pressure replace of court mediation "," to use lure to promote court mediation", nevertheless all of these can not truly reflect the Real intentions of the parties, not mention to reflect the so-called " fairness of the party" The author notes the results of persuading high rate mediation, which refers to that the parties may be unwilling to continue to wait in helpless under the premise of a compromise, that compromise will not bring harmony, efficiency and fairness. May be it is just on the opposite. Issues in the practice of court mediation are jeopardizing the rights of civil lawsuit, the order of suit and the judicial authority. Therefore, the author use the opportunity of internship in court, deeply understanding the problems of court mediation practice, and attempt to analysis these issues, find root causes, discuss ways to solve the problems. We hope it helps mediate make most advantages under the new situation.