Study On Family Mediation

Family mediation is a kind path to resolve family dissensions.Because it is different from common civil mediation, which makes usnecessary to approach this issue and construct system in a different way.This paper is from four aspects of family mediation to cover the mainissues of family mediation.The first chapter of this paper mainly relates to the basic theories offamily mediation. Firstly, considering from family cases and familycontents, family mediation concepts should be generalized, which meansthe family concept should include courts and other mediators of subject.Besides, I analyze the relationship between family mediation andlitigation procedure. Secondly, the mediating idea needs to make a change.We should consider from treatment and ecological aspects, especially theparties emotional problems. Thirdly, the family mediation subject, objectand the rights and obligations of the parties for studying, pointed out thefamily mediation in the application should be restricted to objective facts.Family violence cases mediation needs special care.The second chapter mainly elaborates the overseas family mediationsystems, including the United States, Australia, Japan and Taiwan. TheUnited States experience is that the family mediation model is proposedand improved, helping the theory guidance of family mediation practice. Australian experience is that the family advisory services and thepublicity. In addition to the court, many community and other serviceagencies engage in marriage consultation and mediation services. Japan ismore stringent in legal requirements about the family mediation, whichengaged in arbiters relatively harsh conditions. Taiwan is of the culturalhomology with the mainland, so it has same problems like the mainland,the family mediation related to exploration has direct implications to themainland.The third chapter mainly involves the Chinese mediation systempresent situation and the reason analysis. The first part discusses someproblems and the reasons about court mediation outside in China. Theauthor thinks that these institutions lack professionalism and mediationpower. The second part analyzes the internal court mediation and thereasons for the problems. The deep thought of the value, theory ondeviation and actual lack of resources become the main problems of courtmediation.The fourth Chapter is a summary of the main view of the paper,stressing on putting forward suggestion for perfecting rules andregulations of family mediation with reference to the third chapter. Theauthor mainly discuss this problem from three aspects, includingprofessional service agencies, the people’s mediation of family disputesand the importance of reform as well as the court within the familymediation aspects of reform. They include the ideological emphasis, ideaof change and process reengineering, which can help more deeply toresolve family disputes.