Comparative Analysis Between Chinese And European Meditation Systems Beyond Litigation

Under the environment of the whole world's sprout of mediation garden, Chinese mediation which is famous for"Oriental Experience", however, has to face awkward situation for innovation issues. This paper tries to analyze, on the base of sufficient first-hand information and documents on European mediation systems, background, causation and working situation of European countries and EU currently active mediation systems from comparative point of view and to discuss the possibility of borrow ideas from above to Chinese practice and to provide recommendation and analysis on operation in detail.The intention and extension of the conception of mediation is identified by the following steps: from beginning, compare the all kinds of description definition of mediation; then distinguish mediation from negotiation, arbitration, conciliation and sorts of concept in context; furthermore, limit the research object within the scope of mediation beyond litigation based on the classification on mediation; last but not least, discuss the autonomous power of parties, legality, confidentiality and other basic principles of mediation based on European and domestic legislature and practice experience.Based on the comparing between European and Chinese practice in the jurisdiction of mediation, this paper tries to analyze on the innovation practice of"General Mediation"and"Li Qin Studio". On one hand, a series of issues of General Mediation are stressed out, in the material part of this paper, with respect to the illegality, squeezing the space for traditional people's mediation, interruption on the growth of nongovernmental idea and organizations, and on the other hand, Li Qin Studio's feasibility and its deep social influences and positive value is discussed. Furthermore, this paper tries to image the lager scope of jurisdiction for mediation in the future based on the borrowing the ideas of legal-person mediation, commercial mediation and family mediation in divorce cases.Considering the relative simplex mediation's form and based on the review of European non-government mediation organizations and their cooperation with the governments, this paper comment on currently domestic mediation organizations, cooperating by administrative authorities and social groups such as mediation of Customers'Association, mediation of traffic accident, with them status quo and current problems from the point of construction on organizations of mediation. After reviewing the industrial mediation and arbitration systems of European countries based on the economic and political development, this paper foresee that the industrial mediation and lawyer mediation will become necessary in the future and hope relative authorities can provide related regulations promote their development.The non-enforcement of mediation agreement and the nature of alternative dispute resolution of mediation itself, decides that there must be some skills to promote the execution of mediation and application of mediation in order to lighten the pressure of litigation. The level of economy, among all the skills, is most important and effective. this paper try to comment on borrowing the mature experience of European practice based on introduction of European variety of skills of economic level in order to promote the application and execution of mediation.As to the design and execution of mediation system, the most essential issue is construction on human recourses. Last chapter of this paper focuses on the quality of mediator, regulatory training system of mediators and the importance of rules on mediator's action from the aspect of choosing, training on the mediators and research of mediation. This article finally, based on the analyses of all above and considering the situation and social development trend, points out that the civilization, profession, and service nature shall be the real directions of development of mediation.