A Study On The Conciliation Of Civil Action

The Amendment to the Civil Procedure Law in2012adds the stipulation of "Mediation-First". People hope the regulation can play an important role in improving the efficiency of the alternative dispute resolution mechanism, which can diverse the judicial burden. However, the rule of "Mediation-First" is so coarse and abstract that people can hardly reach an agreement. For us, there still exits huge space to discussing and refining both in theory and judicial practiceAlong with the current context of civil lawsuit mediation socialization and diversified dispute settlement mechanism, this paper tries to study the problems of "Mediation First" comprehensively by using the methods of normative analysis, empirical analysis. On the basis of logical orientation and practical analysis, this paper is attempted to build up the "Mediation First" system that adapted to our judicial reality. Being a major route of non-trial dispute resolution, the "Mediation-First" system is aimed to balance the increasing public legal demand against deficient juridical supply. It will also be an important way to realize the interaction between social forces and judicial court.The main content consists of three chapters. Chapter one is the overview of "Mediation-First". In the first part, we may primarily understand the background of "Mediation First". Then, by means of legal interpretation methods and comparative analysis, the nature of "Mediation First" will be told:it’s a new court mediation type which procedure is before filing. Next, this paper will demonstrate the legitimacy of "Mediation-First". Chapter Two is the running status evaluation of "Mediation-First". We would study on judicial practice, thus exploring existing problems and the insufficiency. Chapter Three is the construction of mediation system. This chapter would emphatically design the program of "Mediation First" system, including the principles, subjects, scope, validity, conciliation, mediation fees.