A Research On Our Court Annexed Alternative Dispute Resolution

Court of our country mediates system because mingling with each other with judicial procedure, "the tune tries-in-one ", "the tune tries the pattern no mark" to produce a variety of abuse. Sometimes, the judge makes use of authority of office in self hand to start mediation actively and forces an interested party to accept the result mediating, the result mediating sometimes is short of entity justice. Self has the mediation another aspect, the purpose mediating are decided opposing procedure outward appearance, the person and contentious procedure mingle with each other having led to procedure law and doubleness that entity law restrains softens, cause grave effects on judiciary and authority of court. But, the court who is originated from west has the problem mediating but being able to resolve these fairly good as an attached institution. The so-called court has one kind of ADR having as an attached institution in the court mediating, being as an attached institution, it is to refer to guide go along to mediate but to resolve way with entirely different dispute of judicial procedure for the court hosting organization or accepting a court. Be system's turn to come from USA most long ago, exercise autonomy being embodying meaning, multivariant justice, the idea running after a cooperation, have come true the country relieves, consummation that the social welfare, the private interests force relieve combines. Owing to that the interested party disposition needing, shunting, law case requires that need, our country optimizing court resource, opening up exhibition court function, the reform of judicial affairs and harmonious society have the rationality setting up a court having the system mediating as an attached institution. But by as well as current legislation of system, practice such as culture, Crown lease people tune inspecting our country tradition nothing disputing, it can be seen found a court in our country having mediation as an attached institution also having feasibility. Make a comprehensive survey of all the countries in the world mediating two kinds before method of work may a mediate a court and instance before having mediation as an attached institution being to appeal mark basically. Think to actual status of our country, structure a court have mediation is more proper, responds to by founding a court before appealing as an attached institution have as an attached institution tell front mediating substituting current court mediation. The court carries out recommendation mediation on the interested party, the interested party applies for the procedure interruption mediating, placing a case on file for investigation and prosecution from placing a case on file for investigation and prosecution basically Er Yan, after law case turn into court, relevance material delivers the workroom mediating. Be the workroom mediating's turn to be set up by court, aim at serving, arranging daily work to mediate for the smooth development mediating mediates. Court selections engages the society personage is composed of the member who specially invites mediation, accept commission of court carrying out mediation. The interested party chooses the mediation mediating a host from consulting in the register mediating the bridge builder that the workroom provides. Reach an agreement as a result of mediating, the judiciary examining and giving the form being in progress according to law to the reconciliation agreement by the court affirms, produces the forcible execution force. Have not reached an agreement as a result of mediating, law case shifts to contentious procedure voluntarily. The interested party is just going to reach a consensus's in the process of legal action, responding to solves by legal action coming compromise.