Statement On The Civil Mediation System And Its Reform In China

Mediation system is one of the most Chinese characteristics in our civil litigation, which is praised as "Oriental Experience" and learned by western countries. Mediation system can rapidly and completely resolve civil disputes, then improving the efficiency of dealing with cases and reducing the cost of litigation. Mediation is also the most used way of rendering the civil judgment in our people's court and this way has occupied the main position in the court at the grassroots level. The system of court mediation is absolutely consistent with the value of our harmonious society and demonstrates the judicial utility and flexibility as well. However, with the reform of trial way and the change of modern judicial environment, the existing mediation system is increasingly exposing its limitations and shortcomings in current judicial practice. For this reason, our country should pay great attention to the court mediation, including its nature, its legal status and its enormous function of eliminating social contradictions, analyzing its inherent defects, the shortcomings revealed in the practice, the unfitness emerged during the process of constructing democracy and the rule of law, then reforming and improving this system, which is the necessity of constructing the judicial system with Chinese characteristics. From the situation of foreign civil judicial reform, countries around the world are expanding mediation mechanisms, pursuing the diversification of settling disputes and actively promoting reconciliation, which have become the important goals of judicial reform in many countries.It is necessary for our country to reform the problems of official system in the process of civil mediation. How can we better reform and improve the system civil mediation? The author first analyzes the existed civil mediation and development of its history, points out the problems of this system and then learns foreign related systems to continuously improve the system of court mediation. This article suggests our country to establish the system of ADA (Alternative Dispute Resolution), Chinese meaning is the mechanism of non-litigation dispute settlement or dispute resolution out of the court. Our country should establish the mode of mediation separating from the trial, establish the system of mediation before the trial and regulate the relation between mediation reform and related systems. Finally, we should establish the dispute settlement mechanism of adversary system, assistant with the system of ADR.