The Theory Of Civil Lawsuit Mediation Before Litigation

The Court-Annexed Mediation is an innovative solution under the diversified dispute resolution mechanism.Since this kind of mediation is loaded with expectations such as reducing trial stress and making up for the inherent deficiency of litigation. Our top problem of establishing a harmonious judicial system in the reform is how to establish a dispute solution mechanism of mediation before litigation, which is based on the critical inheritance of the modern mode of civil dispute resolution.The first Part, the paper describes our Court-Annexed Mediation Points and analyzes Judicial Socialization and Judicial Activism. The second part,the paper gets the of including Court-Annexed Mediation Taiwan,Japan and the United states and gets the enlightenment from the relevant system construct.Court-Annexed Mediation the third part how to construct our Court-Annexed Mediation system.with references to the general theories and rule..it include the court Center mediation model This pre-litigation mediation covers the shortage of Court Attaching ADR in China,it has obvious advantages in terms of reducing litigation resource,relieving trial stress, flexibly resolving dispute, and realizing the joint of litigation and non-litigation dispute resolution mechanism.