On The Law System Of Chinese Mediator

Mediation, which used to be a kind of China-characterized traditional dispute settlement system with a long history, has been widely recognized in the worldwide and becoming a common property and resource for the whole world, gaining unprecedented common understanding as well as development in different countries since near modern times. Meanwhile, owing to large varieties of historical background, cultural tradition, political system, social environment and human condition, etc, mediation in contemporary world has taken on a multi-dimension tendency in its development orientation, system patterns and concepts. Moreover, during the process of its fast development, the theory, practices, system and procedures for mediation has been in the point of constant changing—its concept has got updated, its system innovated, its formate diversified, and its conduction well regulated. Mediation today has been more than an "Oriental flower", but has become a dynamic worldwide practice. It is worth nothing that some western countries has gained their own experience and formed their own characteristics in the innovation of mediation system, theoretical research, mediators'professionalization, mediators' training and mediators'conduct and so on.In china, as a kind of nation's heritage, mediation is facing epochal challenges: modern society transformation and reform of the judicial system. These need us to keep pace with the times and bring forth the new through the old under the background of globalization. Although the target and the system construction of mediation have been set, and it has good development chance and good system requirement, as for the crucial factor:mediator law system, these are still many ways to research, to discuss and to adopt.This paper studies the following three aspects of the mediation law system of our country. The first part summarizes mediator law system. Throughout the history of the law system of the mediation, the paper will range from ancient times to modern times, from traditional ways to contemporary ways and will present development situation about mediation law system, and in the situation of the world, outlook how to make efforts from the tendency of the law system of mediation. The second part analyzes the weaknesses of the law system of mediation. By comparing with the advanced system and ideas of it, reveal the flaws of the theories and the practical applications of it in china. It mainly reflected in:double roles of mediator and arbiter restraint the function of conciliation; not enough of professionalization and specialization under the globalization and the transformation of modern society background; modern development of mediation limited choice scope of mediators; progress in professionalism of mediation highlights the low level conduct standard of mediators. The third part relates to continuous improvement of the law system of mediation. Comparing and studying the good experience of the advanced countries, and combining the current mediation development situation in China, give my advices on improve the law system of mediation. The advices are mainly:carrying out the mediator and judge separation mechanism; establishing and improving the system of enter qualification of mediator; setting up and improving mediator maintenance system; widening and fostering the choice scope of mediators and to establish and improve behavior of the basic norms of mediators, etc.