A Study On The Application Of Mediation Accreditation Agreement

The System of Judicial Confirmation of Mediation Agreement is the key processof the connection of the litigation and mediation, is also one of institutionalinnovations under the development of China’s pluralized dispute resolutionmechanism. Mediation agreements are given judicial compulsory execution, whichwould guarantee the effectiveness of the mediation agreements, improve efficiencyand effectiveness of alternative dispute resolutions, and also an institution innovationcomply with multipartite mediation. The reason why alternative dispute resolutionmechanisms like the mediation had failed to play effective role, to a great extent, isthat alternative dispute resolution are short of judicial compulsory execution andeffectiveness. In order to achieve seamless connection between judicial proceedingsand non-litigation procedure, though the Process of Judicial Confirmation, mediationagreements that established by both parties are given judicial compulsory execution toreinforce effectiveness of mediation agreements. It is an effective measure to makefully function of alternative dispute resolution mechanisms’ efficiency andeffectiveness.The System of Judicial Confirmation of Mediation Agreement as the researchobject, the thesis mainly tries to provide advices and suggestions to perfect the Systemof Judicial Confirmation of Mediation Agreement combing with analyzing updatecontents concerning the system if Judicial Confirmation of Mediation Agreement inthe Civil procedural Law. The thesis is composed of three parts. The first part makesthe summary of Judicial Confirmation of Mediation Agreement system. Firstly, we tryto make the nature of mediation agreements and its legal validity. And then the thesisis making an analysis Judicial Confirmation of Mediation Agreement system’s valuein juridical practice. The second part makes an analysis on relevant clauses of thesystem of Judicial Confirmation of Mediation Agreement in the Civil Procedural Law.The third part provides advices to perfect the system of Judicial Confirmation ofMediation Agreement in the judicial practice, which including six parts-objection ofapplication, method of trial conduction and accepting and hearing the case, method of starting up program, res judicata of the judicial confirmation, remedy procedure forboth parties and person other than involved in the case.