Theory Of Entrust Mediation

Facing with the rapid development of market economy and the further widening gap between rich and poor, China is beginning to show a wide range of social interests, conflicts and disputes began complicated. With the relevance of social conflicts, aggregation and continuing strength of sensitivity, the trend of group disputes is growing. To rely solely on litigation to resolve civil disputes can not meet the reality of social life and economic development. To this end, the establishment of judical ADR whose typical form is delegation-conciliation in judicial practice of China’s courts expands the extension of civil justice, and makes the exercise of judicial functions and the technology flexible and colorful. With the courts’ further practice of the delegation-conciliation and the laws and regulations developed and implemented, the nature of the delegation-conciliation commissioned by the court-annexed conciliation system (ie, judicial ADR) has been further confirmed.Shanghai court is one of the courts who are first commissioned to try and explore the delegation-conciliation system. Shanghai court began to explore from the from of "people’s conciliation workshop in court," to promote the delegation-conciliation system.With the deepening of the system in practice, Shanghai court gradually formed a "connection machanism center" as the main body of the delegation-conciliation system. In recent years, the number of cases closed in the delegation-conciliation has accounted for a large proportion of the number of civil and commercial cases at all levels of the court. The delegation-conciliation has become an important part of the court’s work. Currently, the delegation-conciliation eases the conflict between the highly-increased cases and few judges in court, which having the advantages in reducing the litigation burden,but from a legal point of view, the system design and procedural arrangements still have its imperfections, for example,whether the delegation-conciliation is an infringement of the right to request of the parties, how to achieve a seamless interface between the delegation-conciliation and litigation. To this end, the author will try to analyze through the operation in the practice of the delegation-conciliation system in Shanghai court so as to stress the disadvantagement of the start-up mode, transfer arrangements and processes of convergence,then make suggestions for improvement.