A Study On The Commissioned Mediation System In China

Court entrusted mediation system is a new mediation system created by the practice of exploring diversified dispute settlement mechanism combined with China’s specific national conditions. Entrusted mediation system has the very vital significance in shunting specific cases, improving the efficiency of dispute resolution, overcoming the defects of lawsuit mediation and making up for the limitation of litigation. In recent years, our country court has succeeded in exploring and practicing entrusted mediation system, but it is still necessary to strengthen the research because the system is lack of unified institutional framework and theory support. A specific measure will be put forward in this article to structure court entrusted mediation system in our country by stating of some basic theory, comparing the similar system of other countries and regions, summarizing the practical mode of our existing court entrusted mediation.The article altogether is divided into four chapters:the first chapter is mainly about defining the concept and nature of the court entrusted mediation, and discussing the function and significance of the system. In the second chapter, different characteristics of court entrusted mediation system of The United States, Japan and Taiwan will be compared to benefit our own system while being drawn lesson from. The present situation of mediation entrusted system in our country is discussed in the third chapter. By introducing the commissioned mediation model of Shanghai’s Pudong court and Shanghai’s Songjiang court, some existing problems and solutions will be put forward. The fourth chapter is about the structure of our country court entrusted mediation. First, from the aspect of litigation theory, it discusses the principle involved in the concrete system. Secondly, it states the specific problems that are going to be solved during the system building, including the scope of mediation cases, mediation procedure and improvement of the connection of court entrusted mediation and expeditious procedure, etc. Finally, there is some advice about how to perfect court mediation entrusted system.