Our Current Big Mediation System Reconsidering And Improvement

To build a harmonious society and resolve the current face of the increasingly complex contradictions among the people, a different from the traditional mode of dispute resolution was put out. That is the steady implementation of the current mediation system. Big mediation system is different from the ordinary mediation system, the process of mediation to resolve disputes claims priority and the linkage of various departments. Maintaining social order is the big issue in the mediation system inherent meaning, which is the key to building a harmonious society, in addition, the mediation system of justice should be pursued to achieve as their own, because harmony only built on the basis of fairness and justice can be strong and long. And the mediation mechanism originated the ADR model in the U.S. there is a certain link between them, but there is more differences. Therefore, it is not feasible to compare the mediation system with the ADR model. We need to recognize the difference between the two, so we may avoid a simple copy and blindly no adverse outcomes. I think mediation system and the traditional justice system are not against solitude, on the contrary, the two can learn from each other. However, mediation in the present situation, we need to clarify the relationship between the two, find their natural in the sense of position, resulting in more reflected in the mediation activities of the role of the judiciary rather than the dominant role of the participants to better achieve our original intention of building a harmonious society. This content can be divided into the following four main parts:First, as defining big mediation model, we focus on the contemporary value of mediation. Dispute mediation system is served as a preventive measure to resolve the role of the current status of limited judicial resources, it also determine the final justice is a means of dispute resolution. Government forces involved in a mediation pattern, give full play to social forces, which derive a new mechanism for dispute resolution. One of the contemporary value of Mediation is to maintain order, and the second is the pursuit of justice.Second, I tried doing some tentative exploration of the system of mediation and ADR models and mediation system and the relationship between the two justice system.Third, the author analyzes the mediation of the current system and causes major problems from the guiding ideology of mediation, the problems of Mediation system itself, generalization of the big problems posed by mediation, too much from the administration of mediation, the mediation in the quality of mediators and mediation agreement and other aspects of legal protection.Fourth, the recommendations to improve mediation system. The author puts forward reasonable proposals about Mediation system from the majority of the people and ideas executive and the legislation on how to improve personnel structure and improve the sources of funding, etc..