The Family Mediation System

Family mediation is a kind path to resolve family dissensions. It' a special civil mediatorial mechanism that differ from common ones. To constituted family mediation system is not the straightforward reformed of Chinese ancient mediation system or blindfold transplanted the systems of overseas. For the establishment of family mediation in China, we must follow the scientific and academic guidance and consider the realistic conditions of our country. Yet the following issue is: What is the family mediation system? How about the aim, the principle, the noumenon and the object of this system? What's the characteristic of family mediation in other countries? Is there some positive meaning for us? How about the situation of family mediation in China? How can we consummate family mediation in China? The following is the chapters of the thesis:Chapter one: the basic theories of family mediation. Firstly, the article defined the concept of family mediation in comprehensive and idiographic sense. And based on it, the thesis has systematically analyzed the aims, the types, the noumenon of family mediation. Besides that, this section has expatiated the object of family mediation. For example, the possibility of amicable settlement is higher than other civil dissensions. The rational factors in family mediation is lesser than other civil dissensions. And in family mediation, to obtain and prove the evidences is more difficult than other civil dissensions. The evidences often refer to the privacy of family members. So if we deal it irrelevantly, it will result in the bad influence on family member and social interest. The particularity of the family dissensions is the foundation of the establishment of family mediation mechanism.Chapter two contrastively researched on overseas family mediation. This section has systematically analyzed and compared the family mediation such as France, Germany, Japan, America, Australia. Base on that, the thesis reaches a conclusion: despite the family mediation systems are differ from each other in different nation , they all concentrate their energy to make the system more normative and well-regulated, and they all emphasize the nongovernmental force participate in family mediation, and they all pay more attention to restore the family relationship and mental treatment.Chapter three : reform and perfect family mediation system in our country. The keystone of this chapter is ground on the realistic condition of the family mediation in the court. This section gave some suggestions about establishing the family mediation in the court where every case must be mediated first, and the plan of constructing the family court. This section also analysis the qualifications standard and the correlation responsibility of the family work mediations. It also does the certain research of the family work mediation procedure. In addition, according to analyzing the folk-family work mediation outside the court and the administrative family work mediation, I think we must entrust with legal effect of the folk-family work mediation outside the court and the administrative family work mediation, but it is unnecessary for other folk-family work mediation which is unable to make the institution.