Vis-à-vis-Solve The Abnormal Mediation

Previous studies on court mediation seldom discuss its concrete methods,or just make a slight mention of them.Since the main cause for defects of the Chinese court mediation system lies on "back to back mediation" practice,the key to the solution falls on the construction of a vis-à-vis mediation system,which really embraces the principles of willingness and of legality,so as to essentially solve the abnormal mediation problems in judicial practice.This paper includes the following parts.The Introduction part makes a theoretical summary of and reflection on social-political background,status-quo merits & defects of the intensification of court mediation and then leads to the author's own viewpoints.ChapterⅠdescribes various forms of abnormal mediation through analysis of relevant judicial cases and states that "back to back mediation" is the source of it and its separation from mediation legality.ChapterⅡmakes the conclusion that the vis-à-vis mediation is the format base for reasonable mediation via three aspects:the separation of the tradition of "emphasis on mediation,contempt for judgment" from rule of law;development of vis-à-vis mediation in Western society and its legal culture base;guarantee and promotion of vis-à-vis mediation for justice and fairness.ChapterⅢstates principles and procedures to be abided by in vis-à-vis mediation from aspects of essential principles for vis-à-vis mediation;construction for its process and judges' role in it.The Summary part suggests definite regulations should be stipulated that the vis-à-vis mediation,in which all interested parties and participators for litigation are on the scene,shall be adopted for court mediation,so as to reform and maximize the ??disputes settlement mechanism of combining mediation and judgment.