Study On The Litigant Attitude Of Court Mediation And Its Influencing Factors

The court mediation means such a activity that managed by the judge or justice of people's court, the both sides litigants consult their dispute voluntarily, and finally come to the agreement. According to the law institution of China, the mediator has no right to force the both sides to accept the disputing result. However, for the litigants, when the mediation was failed, trial process is a relative passive thing, but the mediation process is a relative active method for litigants'independent choice. In this process, the judge will try to make the both sides reach an agreement as a neutral orienteer. Previous studies has shown that the litigant's attitude plays an important role in the mediation, and in social psychological studies, such factors as information, time and so on will influence his attitude. However, there is little study on both of the two things. Wall, Stark and Standifer (2001) believe that what the mediation skill will be used, how to make the mediation work and so on such issues would be extensively researched in the future10years. For this gap. this study making the attitude change the focus investigates the litigants'implicit and explicit attitude in the court mediation, meanwhile, to analyze the influence to litigants'attitude change from the factors of information and time.This study will conduct3parts to verify the hypothesis. In the first part, researcher uses a questionnaire of explicit attitude and the IAT to test the subjects that whether the implicit or explicit attitude impacts the mediation result. The second part constituted by3experiments:the influence from law information, the influence from emotion information, and the influence from both of them. Based on the second part, the third part makes a further study of the influence from the time variable.The study results show that:1. There is no significant correlation between the litigants'implicit and explicit attitude with certain independence. For their explicit attitude, the subjects tend to solve problem by mediation, and this explicit attitude to a certain degree will influence the case attitude of litigant and the result of the case attitude------the claim. There is no significant difference existing in explicit attitude between the subjects of law major or not. but in implicit attitude.2.Presenting the positive law information, there is a significant difference between the claim and request, and so does the difference between the base of litigation and mediation; Presenting the negative law information, there is a significant difference between the claim and request, but the difference between the base of litigation and mediation is not significant; Presenting both the positive and negative law information, there is no significant difference between neither the claim and request, nor the base of litigation and mediation. The claim change degree is significantly different between the positive law information and negative law information:and the difference is also significant between the positive law information and both sides law information. The base change degree is significantly different between the positive law information and negative law information; and the difference is also significant between the positive law information and both sides law information.3. Presenting the positive emotion information, there is a significant difference between the claim and request, but the difference between the base of litigation and mediation is not significant; Presenting the negative emotion information, there is no significant difference between neither the claim and request, nor the base of litigation and mediation is not significant; Presenting both the positive and negative emotion information, there is a significant difference between the claim and request, but the difference between the base of litigation and mediation is not significant. The claim change degree is significantly different between the positive emotion information and negative emotion information; and the difference is also significant between the negative emotion information and both sides emotion information; there is no significant difference in base change degree.4.Time pressure and mediation time interval influence the litigants'mediation attitude insignificantly. There is no significant difference in either claim change degree or base change degree. Either the difference Of intergroup or between-group, the interaction between time pressure and time interval is not significant.