Analysis Of The Court Mediation System

Court mediation is one of the most important ways to solve civil disputes. It has its specific functions and effects. The history of the civil procedure law is the history in which people explore a suitable system to settle the civil disputes unceasingly. Early in the end of the 18th century, the French law provided the system of the mediation of the court. After that, many countries followed the example of France and they made further progress. The history of mediation in China has a very long history, but the court mediation system which keeps abreast with the judicial system only has a history of several decades. It is a practical and effective measure to solve disputes; it also fully embodies Chinese splendid culture and traditions. In the prerequisite of peace, social stability and life harmony, the way to solve civil disputes voluntarily, ultimately and peaceful through court mediation has its practical significance in the new stage of constructing socialistic harmonious society. The Court mediation system in our country is flourishing, but there are some drawbacks in its principles, procedures and mediators. In the situation of reforming and opening, as the trial pattern changes, a series of contradictions appear between the court mediation system and the real needs. So it is necessary for us to delve the foundation and way of improving the system. In the dissertation, I analyse the theoretical basis and values of the court mediation system. Then I study historical and foreign practices analyse the drawbacks of the present court mediation system and the relevant measures provided by the Chinese Supreme Court. In the end, I put forward the tentative idea to improve Chinese court mediation system: reconstructing principles, improving procedure and changing the mediators reasonably.