Mediation Mechanism Study

The mediation system ,with Chinese characteristic, can resolve civil dispute and maintain social stability. It plays a great role which cannot be substituted in Chinese legal system. But as a result of complicated social contradictory during the reforming time, original mediation system has undergone some transformations. The multipartite mediation is one the new mediation way arose at the historic moment. What is the multipartite mediation? Why can the multipartite mediation work? How does it work? This paper tries to make some research on this question, according to cases and concrete system. Besides of the introduction and the concluding remark, the paper can be divided into three chapters.The first chapter: Survey on multipartite mediation mechanism. This chapter takes the Nantong multipartite mediation pattern as a main source. Introduction of several cases is followed by the concrete system related to multipartite mediation, which demonstrated the comprehensive organization network and entire procedure from acceptance to divergence and mediation of disputes in detail. And then this part analyzes the characteristic of multipartite mediation, for example, more effective conformity of mediation resources, more initiative on mediation, more standard procedure, and more expansive mediation scope and so on.The second chapter: background and reason analysis of multipartite mediation mechanism. This chapter mainly begins from three aspects to elaborate this question. First, complicated social dispute in the reforming time is the social background of the multipartite mediation mechanism. Next, the tradition mediation, which is called as the frontier of prevention dispute encounters difficulties and urgently need to be reformed. Third, the multipartite mediation mechanism itself has the unique superiority, which can meet the realistic need to resolve dispute effectively. The superiority mainly manifests for authority and the efficiency. Authority is rooted from the formidable Chinese administration right and supported by current legal system. The efficiency mainly manifests for the effective conformity of kinds of mediation resources, as well as relatively inexpensive cost of the dispute solution. The third chapter: analysis on present situation of multipartite mediation mechanism .The mediation and other ways of resolving dispute are practical and experienced. The multipartite mediation is also one of good solution mechanism which is unceasingly summarized in the practice. In recent years, it receives good effect, but simultaneously the agreement also faces many problems. This chapter tries to analyze the question of multipartite mediation mechanism which appeared in the practice from the real diagnosis angle. Then propose my opinion on some major problems which is under great dispute, for example the nature of multipartite mediation. I suggest that we should try to break through existing mediation frame with the multiple angle of view, to form a multi- types related mediation system. As far as the potency of agreement, I think the mediation agreement can obtain legal effect by effectively linkage with legal procedure.