On China's Court Non-appeal Of The Construction Of The Mediation System

Mediation system is rooted in the fertile soil of the traditional Chinese legal culture. Court's non-litigation mediation mechanism influenced by the multi-factor dispute resolution mechanism, is reforming and improving the mediation system on the basis of our national phenomenon. The mechanism is a big exploration to link up the mediation system with the litigation system, and it also has a significant meaning in reducing the parties' confrontation, cutting down the litigation costs,relieving the litigation delay and saving Judicial resources. Although some courts have put the non-litigation mediation mechanism into practice in our mainland, and have made great achievements, this Judiciary practice is just in the spontaneous status, lacking the unified framework and procedures for operation. The mechanism needs further demonstration and we should strengthen the study, the paper describes the Court's non-litigation mediation mechanism by means of comparing the relevant systems home and abroad and summarizing the present pilot mediation modes, with the purpose of generalizing the feasible mediation mode and mediation procedures for the construction of the mechanism.The article is divided into four chapters. Chapter one narrates the basic theory of the court's non-litigation mediation mechanism, the part firstly gives a definition of the mechanism, then analyzes its characters, the last part of the chapter depicts t the function of reducing the parties' confrontation, lowering court's burden and relieving the confliction between mediation and litigation .Chapter two introduces the relevant systems in foreign countries and in Taiwan District, which contains the Family Mediation and Civil Mediation in Japan, Pre-pleading Mediation in Taiwan District and the Court-Annexed Mediation in America and Australia. Our mechanism is built by drawing the systems from countries above.Chapter three gives us introduction of the specific mediation modes and their features in several people's courts. The typical representative modes of the mechanism include "Window of People's Mediation" of Changnin District people's court,"Pre-pleading Mediation " of Shanghai Pudong District people's court, "Civil Conciliation conducted by mediators " of Songjiang District people's court. Besides we also introduce the " Pre-reconciliation " of Beijing Chaoyang District people's court, and Attended Mediation By inviting "of Zhejiang Zixi District people's court. It is the Judiciary practice of above people's courts proves the feasibility of the construction of Court's non-litigation mediation mechanism.The author will present a concrete speculation of the Court's non-litigation mediation mechanism in the last chapter. The chapter firstly discusses the basic legal doctrine of the building, then designs the feasible system, which contains selecting the mediation mode and mediators according to the nature of the disputes and defining the cases of mediation,mediation procedures and the convergence between mediation with the procedures of simple and speedy trail.