Perfect On The Court Mediation System

Court mediation is known as "Oriental experience" of China’s majorfeature in civil litigation system. Court mediation and judgment withthe judicial settlement are two tracks for Handling disputes, but thejudgment of rigid is different from moderate mediation, and in the leadingof parties, In addition it almost has mandatory color in a court mediationjudicial power. The intermediation of the court can make parties toparticipate fully in the dispute settlement process, contribute to theresolution of both parties tension, and effectively avoid the partiesduing to win-or-lose judgment leads or rupture relations even "twoconflict". Although the court mediation system has a lot of advantages,but the court mediation system due to mature enough, a lot of problems,this paper first introduces the basic situation of court mediation, thenput forward some suggestions on improving.This paper is divided into five parts, Include the Summary of the courtmediation system in China, the system of court mediation, examination ofhistory problems, all over the court’s exploration, the reconstructionof the court mediation system.The first part defines the court mediation for the basis of the concept, with distinguishing related concepts, and introduces somerepresentative countries and regions of the mediation system and a simplecomparison.Then analysis on the court mediation nature, structureelements and value choice. The second part Introduces Chinese courtmediation history, and analysis China’s court mediation in the sequenceof events, as the court mediation in local resource development to providereference. The third part pointed out the current court mediation systemin China. Legal content and practical conclusion is inconsistent, thecourt mediation rules are mostly a matter of principle, including thefacts are clear, distinguish right and wrong "principle," disputemediation and trial in one "pattern of litigation has seriousdrawbacks”," voluntary "are often distorted three aspects, in particularoperation easy to misinterpret. The fourth part is to our country a fewplaces on the court mediation exploratory results presentation. The courtmediation voluntary decided on the procedural requirements are not strict,in order to find a more suitable for the national conditions of our countrycourt mediation, the local independent play initiative, in theexploration in practice perfect method. In the fifth part,some PerfectingSuggestion will be discussing simply,in two parts of the principlesimprovement and specific measures The author want to through the lawsuitmediation system by discussing, and hope for the future of the researchon the theory and practice to provide a reliable reference.