| The Civil Judicial Reform ("Reform") has been going on for 20 years since the end of 1980s, and as a systems engineering, it is concerning on modernizing the adjudication methods. Such a Reform,however, means a hard hit for our traditional Court Mediation. For one thing, a remarkable declination involving the quantity and percentage of mediation dispute settlement got out right at the beginning 1990s, for another, at the same time, the Reform improved judicial proceedings in China so that an increasing number of people prefer to sue to the court for solving their disputes. This is a dramatic"Wave-form change"that we have never experience before.The sharp criticism to defects on Court Mediation from jurists in 11 or 12 years during the turn of the century had never subsided, and it was so strong that the Rationality of Mediation had even been challenged. In spite of that, Court Mediation was neither got into difficulties nor had a deadlock, while this old dispute resolution was being a slow but gradual improved at that time. And the turning point to Court Mediation came out in 2002, from this year more than 60% of cases on average were settled by Mediation in major portion of Chinese courts, and on most occasions the result of mediation could be accepted by most parties of the cases. Therefore it seems a Coming of Revival to Court Mediation returns again. The changed situation on Court Mediation shows the rule of the negation of negation, which is therefore this article concerned on and will put a detailed analysis to reasons due to such a rule. And this article will also bring some instrumental and constructive suggestions in choosing and grabbing the best time right now, an Opportunity to Reform, to improve Court Mediation so as to achieve the result that can be accepted and build a Adversary Party-oriented System to conform the transform modernity. So in the discussion relating to the topic of the Reform, a basic logical sequence will be followed: An analysis on History of Chinese Mediation will be firstly elaborated in order to be helpful to find the reasons of choice on Authority-Oriented in the past 50 years, then a general comparison on Mediation between America and German will be put out so that support to find an appropriate way to China in practice to build a Adversary Party-oriented Mediation.The article is around 35,000 words, made by 4 chapters. First, Chapter 1 will introduce the"Wave-form Change"of Court Mediation and discuss its reasons, and some numbers relating to the Change will also be used in this Chapter as the evidence. Then Chapter 2 will analyze and justify it is present time that could be the prosperous moment to reform the Court Mediation, such analysis to prosperous moment or good opportunity, will be carried on from all aspects including parties, judge, society and Court Mediation itself, and besides of these, Chapter 2 will also remark the negative effects to Court Mediation caused by irrational exaggeration to prosperous moment and good opportunity, which need to be accorded great importance to prevent. Chapter 3 will involve a review to our past Court Mediation under the Authority-Oriented firstly, and then will refer to an introduction to mediation in ADR in American and in Germany, which are tow types of classic Adversary Party-oriented non-litigating mechanism in western world. These review and introduction could be helpful to find an appropriate standard and orientation to our Reform regarding our Court Mediation. Then Chapter 4 will elaborate on a new legal system concerning Court Mediation under the Adversary Party-Oriented in China, and its fundamental concept, basic principles, general design to proceeding, guarantee system and remedial measures will be respectively mentioned in this chapter.
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