Font Size: a A A

On Comparison Between China Court Mediation And The U.S. Court-Annexed Mediation

Posted on:2008-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhouFull Text:PDF
GTID:2166360242494044Subject:Law
Abstract/Summary:PDF Full Text Request
China court mediation system is a reflection of Confucian culture in the judicial field. Confucian culture admired friendly and harmonious interpersonal relationships. Therefore, mediation has always been an important means to resolve the dispute. However, as China entered a stage of building a modern state under the rule of law, and the rule of law requires the whole society to foster the concept of the supremacy of law, mediation was once neglected by people. Just then, in the western countries ADR (Alternative Dispute Resolution), namely: non-litigious dispute resolution mechanism has gradually become more mature. Court-annexed mediation of the United States is a major form of ADR in resolving disputes. The mediation system is based on the value of the common perception, less confrontation and more cooperation, more convenient, and less cost. Now many scholars are actively exploring ways of reconstructing our court mediation system.This paper analyzes the Court-Annexed Mediation mechanism of the USA, and conducts a more detailed comparison between the U.S. Court-Annexed Mediation and China Court Mediation. And then on the basis of such comparison the writer tries to put forward the recommendations to improve our court mediation. This paper is divided into five chapters, and the writer focuses on Chapter 4, namely: Comparison and Evaluation. The writer makes comparison mainly on the following aspects, the design of the system, the principle of confidentiality, the regulations on the compulsory mediation, and then points out the differences between the two. And then the writer put forward some recommendations for improving our court mediation system.
Keywords/Search Tags:mediation, court mediation, U.S. court-annexed mediation
PDF Full Text Request
Related items