Study On Prevailing Mediation Of Civil Dispute

The mediation system, with Chinese characteristics, is a dispute resolution. It plays a great role for resolving disputes in China. As the socialist market economy system, the deepening of social reforms, the traditional mediation system should reform urgently. "Prevailing mediation" came into being in this context. For it contacts organizations at all levels and distinguishes the regional characteristics, it has established the disputes system. Prevailing mediation has produced positive results. It can promote the reform of China's mediation system. However, the Prevailing mediation remains in the local area, failed to form a unified model in all the country. And the system has some confusion. So it need reform and improvement urgently. This article is divided into three parts to reflect on this issue.PartⅠ:Overview of China's mediation system. It discusses the formation and development of people's mediation, administrative mediation system and court mediation. Revealed the value of the mediation system.PartⅡ:The operating mechanism of "Prevailing mediation". From the analysis of the characteristics of mediation mechanism, formation of background, legislation and practice profiles derived condition, we can realize it has broken the existing mediation system, to some extent caused mediation system in chaos and fuzzy.PartⅢ:Perfecting the "Prevailing mediation". This part, starting from interactive convergence necessity and possibility of the three mediations, should cooperate with each other in the physical system, the program level, the level of the working mechanism and form the divergent cracked contradictory system.