The Pre-Litigation Mediation

Based on study on books and theses on alternative dispute resolution mechanisms and inernship experience in mediation offices attached to the courts of Suzhou,this article, combining theory and practice,deliberates on Pre-litigation Mediation mechanismThis article begins with a brief of the history and current situation of China's Pre-litigation Mediation,introducing China's Pre-litigation Mediation in the history and in Taiwan region,and thus pointing out inadequacies of Pre-litigation Mediation in Mainland China,and then deliberates on the concept Pre-litigation Mediation and analyzes the characteristics and essence of Pre-litigation Mediation.Then discusses the necessity and feasibility of the establishment of Pre-litigation Mediation,focusing on following five principles:the principle of restrictive voluntary,the principle of restrictive agreement,the principle of being timely and quick,the principle of being economical,the principle of balancing the capability of involved parties.In this paper,a new mechanism of Pre-litigation Mediation is suggested to improve Pre-litigation Mediation in Mainland China,especially the emplementation of Pre-litigation Mediation and the caution of emplementing it.This article aims to restore the nature of Pre-litigation Mediation as a method of alternative dispute settlement mechanism,and shall be attached to the court as an independent proceeding the stage of filing,together with elaberation and demonstration of legitimacy and reasonableness of the new mechanism of Pre-litigation Mediation...