Research On The Cohesive Mechanism Of People's Mediation, Administrative Mediation And Judicial Mediation

Mediation is an important means to settle disputes with low-cost and simple process, and it helps to ease litigation pressure and to harmonize relationship between parties in dispute... The establishment of a cohesive mechanism among People's Mediation, Administrative Mediation and Judicial Mediation will promote alleviation of lawsuit pressure, expansion of channels to solve dispute and response to urgent of demand of accord development. Based on the recognition of supplementary function of People's Mediation, Administrative Mediation and Judicial Mediation, this dissertation demonstrates the converging system among the three kinds of mediation, and carries on the analysis and the induction to mediation practice in Xiamen and Shanghai, and then puts forward the proposal for convergence system.This paper is divided into five parts to analyze convergence system.The first chapter brings an introduction to the basic situation of People's Mediation, Administrative Mediation and Judicial Mediation. After the function and value of mediation, the developments, present situations and the reciprocity of three kinds of mediation, are presented. Thus the advantages and disadvantages of them are summarized. Therefore, a cohesive system, which can exert complementary functions of three mediations, will be beneficial to dispute resolution.The second chapter demonstrates the necessity and possibility of such system. From the aspect of social conditions, the author analyzes that the converging system adapts to the situation of current social dispute and the necessity of multiple dispute resolutions and rule of law. Thereafter, the author contends that the possibility of such mechanism arises from the supplementary function of three ways of mediation and consideration of resolving disputes economically.Practices of such converging system in Xiamen and Shanghai are investigated thoroughly in the third chapter. The problems lurked in such system are touched after the exploration of the success and deficiency in practices held in two cities.The fourth chapter put forwards concrete proposal for cohesive system. Except for the legal enforceability of mediation agreement, the scope of judicial review of mediation should be definite also. What is more, it is high time for us to enhance the quality of people's mediation and the administrative mediation quality. At the same time, the court is advised to take measures to promote such converging system.The fifth part concludes that establishment of a cohesive system of three kinds of mediation is the only way to exert effects of mediation systems, and to expands channels for disputes resolution.