The Litigation Mediation On The Trust Mechanism

Litigation mediation, a main feature of Chinese civil lawsuit system, exists early in our country. It is not only in conformity with the trend of the diversified dispute resolution mechanism, but with the steady progress of a harmonious society. It has attracted special attention with its unique way. Its inner mechanism and guarantee path values great in present China. Trust plays a very important role during the lawsuit mediation process. Litigation mediation contains trust, which is also the basis and premise of mediation conducted according to law. The two aspects constantly interacted with each other in the whole process. Viewing from the historical perspective, both of them has experienced a long history and integrated as a whole, being a new way of settling disputes with Chinese characteristics. Based on trust, litigation mediation also plays an important role in maintaining social stability, releasing court pressure and solving the litigation resources shortage problem, compared with non-legal dispute solution in other countries and regions.The actual effect of litigation mediation is reduced greatly due to the current imperfect system, the impact of social transformation, social lack of trust extended to the justice field and so on. Litigation mediation trust mechanism contains, core trust, prerequisite trust, extension trust and coherence trust. Facing the trust crisis, there are many approaches to build litigation mediation trust, such as making corresponding procedural law, creating litigation mediators system, setting up litigation credit system, raising judicial credibility and strengthening the honesty education.