The Judicial Plight Of Litigation Mediation And Its Solutions

The mediation system has been existing to date, and has been regarded as a system of Chinese characteristics and accepted by the Chinese society. This phenomenon is not incidental: it is a product under China's economic, political and cultural influences through its hundreds of years' history. It has a profound social foundation. However, with tremendous changes taking place in the whole Chinese society, the social foundation on which the mediation system exists disintegrated, and its defects are looming large day by day. It shows an increasingly obvious conflict with the modern jurisdiction, and is more and more incompatible with each other. By study of the history of mediation system, this paper tries to analyze the reason why mediation is favored in the litigation process, the demerits in litigation mediation, its nature, its conflict with modern jurisdiction, and the author further proposes his own ideas as to how to reform the litigation mediation system in our country by incorporating relative system construction experience in foreign nations, so that it can better suit to the modern social development and be more compatible with the modern jurisdictional value.