Study On Court Mediation System For Family Disputes

This paper mainly discusses the following five parts to constitute court mediation system for family disputes in china.Chapter one is about the argument and necessity to construct court mediation system for family disputes in China. In the first part, by summarizing and analyzing so many views about this problem, the paper gives the conclusion that we should set up court mediation system for family disputes especially mediation in the suit and the pre-trial mediation. The second part demonstrates the necessity of settling the system.Chapter two is about the feasibility to constitute court mediation system for family disputes. Firstly, the paper demonstrates the feasibility in constructing this system. Then, by summing up different periods of mediation activity in China, we can acknowledge that the court mediation has solid historical foundation for family disputes. Thirdly, it is the demand of modern judicial system to hear cases and search for law assistance.Chapter three is about the comparison and reference between some different nations and territory. The first part introduces the court mediation system for family disputes in Japan. The second part is the introduction about the system in America, Australia and Taiwan in China. The third part discusses about the reference by comparing the system in these nations and Taiwan in china.Chapter four expounds the principles and range of the court mediation system for family disputes in China. There are three principles including pre-mediation, discovery responsibility of the court and un-open mediation. There are also different types of family disputes that some demand pre-mediation by court but some can not apply mediation procedure.Chapter five is about the details of court mediation system for family disputes. The first part demonstrates the composition of mediation agency and the rights, duties and professionalism of mediators. The second part clarifies the parties that can join in the mediation procedure. The third part points out some other matters that the court should pay attention to.