Research Report Of Civil Mediation System Applying To P County Court

Civil mediation system as the most important one in Multiple dispute settlement mechanism, played a great value in the dispute settlement process . Dealing with civil disputes by mediation, effectively alleviate the contradiction and conflict in the process of social transformation , maintain social stability, realize the unity of legal effect and social effect. To date, the theoretical circle for the civil mediation system research has reached a certain level, but the use of mediation system in practice, especially there is still much room for the specific circumstances of the grassroots people's court mediation on the research. In this paper, on the basis of P County People's court mediation practice research, the collected data and materials as arguments, through investigation, analysis, research methods such as literature, found some problems in the application of the civil mediation system , and then put forward some suggestions. China's principles and rules of civil mediation is not entirely a rational point," Ascertain the facts, distinguish right from wrong" principle not only harms disposition of the parties, but also inhibit the effectiveness of the proceedings. Mediation procedure legislation is not perfect, which leads to the judge is subjective and arbitrary in the process of mediation. In the mode of one trial transfer ,as a mediator and the trial judge's dual role violated the rights of the parties to voluntary mediation, the practice of the voluntary principle carries out not do one's best. Pretrial mediation in practice operation is not unified, and the grass-roots court judge on pretrial mediation understanding deviation. In addition, the court mediation subject, limited to the court judge. Therefore, this paper proposed to modify the "ascertain the facts, distinguish right from wrong" principle.For different stages and different cases mediation we should distinguish the applicable to "find out the facts, distinguish right from wrong"principle;Implements the transfer trial separation litigation,provides specialized intermediary, mediator,to separate the justice mediation from the trial judge;Developing mediation standards to clear procedures for mediation,regulate conduct mediation From the legislation defining the meaning of mediation before litigation,Clearing mediation before litigation and scope of the subject and Standardizing procedures for mediation before litigation; in the establishment of docking system, and build diversified mediation mechanism,first,establishing transfer docking organization to integrate the mediation efforts,and building the overall linkage mechanism.second,establish the system to achieve the docking of management system,at last,establish and ensure funding for non-litigation mediation system,may consider the establishment of national-based, social support mechanism to ensure funding of ADR.