Research On Judicial Confirmation Procedure Of Mediation Agreement

Modification of the Civil Procedure Law passed in2012, established anew "mediation agreement judicatory affirmation procedure". This is animportant judicial system reflecting the judicial support on mediation procedureoutside court, which marks the extra-judicial dispute resolution mechanism ofour country has entered a crucial stage. This article studies the "mediationagreement judicatory affirmation procedure" in four chapters from variousperspectives: conceptual defination, historical evolution, legislation basis,procedure properties, system efficiency, and procedure improvement, etc.Chapter One: an Introduction to "mediation agreement judicatoryaffirmation procedure", has two sections, i.e. the applicable category andhistorical evolution of judicatory affirmation procedure. Section One confinesthe conceptual definition of "mediation agreement" and "mediation agreementjudicatory affirmation", and briefs the function of "judicatory affirmationprocedure". Section Two describes the four stages of "mediation agreementjudicatory affirmation procedure" set-up: mediation agreement with no legalvalidity, mediation agreement in nature of contractual, judicatory affirmationexploration, and judicatory affirmation system establishment.Chapter Two: Legislation basis and procedure properties. SectionOne discussed and summarized the oversea similar system and the countrycondition. Section Two: Based on the analysis of related theories about natureof judicatory affirmation procedure, the judicatory affirmation system shallbelong to non-lawsuit program, which shall follow authorization ascertaindetection, documentary trial, no-open-trial principles.Chapter Three: Effectiveness of "mediation agreement judicatoryaffirmation documents". Section One studies and sorts-out the res judicata/force of judicatory affirmation documents. It puts forward this document is not apositive sense of res judicata, but has negative one. Section Two studiesfoundation of the document enforcement, it puts forward that party autonomy isthe substance basis of document enforcement. Due process is the process ofthe execution requirements, judicial review is necessary for execution.Chapter Four:“mediation agreement Judicatory affirmation procedure“Improvement. Section One studies the applicable categries and scope of thisprocedure. The current scope shall expand and shall clearly define type of thejudicatory affirmation cases. Section Two explores the judicatory affirmationreview way and review scope. Section Three analyzes the well-establishedrelief of judicatory affirmation procedure. It is proposed that the relief shallapply to the original non-lawsuit rather than the retrial procedure.