The Research Of The Coordination Between Litigation And Mediation Dispute Resolution Mechanism

The dispute resolution mechanism of coordination between litigation and mediation means that a civil dispute resolution mechanism through the way of organic coordination between litigation and mediation under the leading of the people’s court, which aims to resolve various disputes actively and fundamentally on the basis of respective advantages of litigation and mediation. It’s theory foundation roots in judicial activism. In the judicial practices, the mechanism performs specifically as the docking of the effectiveness of mediation agreement working places、staffs and the operating procedures. At present, it’s necessary to establish and implement the mechanism in our country for shunting the litigation pressure of the people’s court, reducing the litigant’s lawsuit burden, and easing the situation of civil enforcement difficulty. And some factors such as support of laws and regulations and normative documents, limitations of justice’s function, internal needs of the parties, influences of the traditional procedure law culture, game between justice and opportunity cost and successful attempts show that this fresh dispute resolution mechanism is feasible in practice.By analyzing the current situation of the mechanism’s operation in China at present, we can find although it have achieved some effects in the judicial practice, there’re many obstructions such as lack of material guarantee, coordination channel impeded, low acceptance of the mediation agreements, overall low quality of mediators and so on. To realize the further development of the coordination between litigation and mediation mechanism, at the level of ideology, firstly, we should convert traditional views, set up the new concept of active justice, pay attention to the mediation system and it’s coordination with the litigation system, secondly, we must revise the respective positioning of litigation an mediation; and at the level of operational mechanism, we ought to formulate the work principles, clear the scope of accepting cases, solve the burden of cost, build professional organizations and promote mediators’quality. The mechanism on the basis of the above theory will play a bigger role in the future judicial practice, and achieve an integration of legal effect and social effect.