| Mediation is an effective way to solve the conflicts between the controversial sides as well as an important way to avoid sharpening the conflicts. Among the various kinds of mediation ways there are mainly two kinds of mediation ways: judicial mediation and social mediation which includes people mediation, judicial mediation, and administrative mediation. In this thesis, the court mediation institution is mainly studied; the main principles, methods, characteristics are analyzed, using the relevant court intermediation and court reconciliation contents for reference, looking for the non-litigation intermediation ways which can be referred to in our country and gradually promoting the perfection and improvement of our country' s non-litigation intermediation mechanism so as to learn the connotation of judicial ADR of other countries more convenientlyThis thesis consists of four chapters in all. The first chapter mainly summarizes the recent status and analyzes the basic concepts, and characteristics of our country' s court intermediation to prepare for discussing the contingency questions. The second chapter mainly introduces the basic conditions of court intermediation and court reconciliation in America, Germany, Japanese, Taiwan, and so on, looking for respective advantages and disadvantages. The third chapter analyzes the recent conditions as well as the existing problems in our country' s courts mediation mechanism nowadays, combining judicial reconciliation, non-litigation intermediation, and court intermediation to analyze, study, and search the similarities; rejecting the dross and assimilating the essence. On the basis of recent non-litigation intermediation patterns and our country' s court mediation institution, the fourth chapter proposes the concept of reconstructing the court mediation mechanism, further seeking breakthrough in the area of non-litigation conflicts intermediation mechanism and suggesting instructive ideas in melting away the social conflictSo... |
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