System Reconstructing Of Our Country's Court Mediation

Even through a revived situation had grown up in our country's court mediation in the new century, but one problem or another which were inherent in this system had not been solved well yet. Features of official system seeped into court mediation process continuously, that is to say court mediation had been regarded as one way to exercise judicial power, this is the reason for ideas deviation in court mediation system design, meanwhile irrational phenomena had arose in practices. So, how to solve problems emerged in process of court mediation? We should start our research from value and position of court mediation itself, and reconstruct court mediation system on this basis.Regarding court mediation as one way for exercise judicial power in our country was unique in the world. Either Continental Legal System countries or Anglo-American Legal System countries, all performed court mediation only with subjects' permission, but it was totally different in our country, official system was revealed in the entire court mediation process. The Court Mediation and judgments are different in nature; the basis of the mediation is voluntary, while the judgment is based on mandatory. We should not be tied mediation and judgment means the court in the exercise of jurisdiction. So, we should reconstruct our court mediation; emphasize subjects' most-essential positions. The spirit of court mediation was following subjects' willing, however main tasks of judge was leading, assisting subjects in reaching mediation agreement. The relevant systems would be reconstructed on the basis of subjects' essential position in court mediation, including procedure reconstructing and principle reconstructing.Emphasis of subjects' essential position, not only it can correct the court mediation's fault position which academic community and jurisdiction practice community had been insist on, but more important, relevant systems reconstructing would be started under direction of correct idea, and it would make court mediation system design much more coincide with the essence of court mediation.