Study On The Mechanism Of The Connection Of The Litigation And Conciliation

The design and operation of a multiple dispute settlement mechanism needs to take consideration of the social admission and the realistic demand of the dispute settlement. The mediation, as our traditional resolution mechanism, from the procedural angle, has the characteristics of high efficiency, swiftness and convenience, from the cultural angle, mediation conforms to the social philosophy of pursuing the harmony traditionally, and is our inevitable choice in constructing the multiple dispute settlement mechanism. The construction of the mechanism of the connection of litigation and mediation is helpful to break the dualistic status of the mediation and the lawsuit, and provides the way to make use of the huge social network resources of the organization of people’s mediation work, and to effective enhance the actual effect of people’s mediation which solve the dispute "autonomously" and to solve the flaws of the lawsuit mediation and the people’s mediation system.The mechanism of the connection of litigation and mediation, generally speaking, refers to the coordination and connection of the litigation and non-litigation approaches to settle disputes, in narrow sense it is the coordination and connection of the two social disputes settlement approaches, the litigation and the people’s mediation. We usually use the meaning of the mechanism of the connection of litigation and mediation in the narrow sense, which is just the perspective adopted by this thesis. With the principle of combining theory and practice, this thesis, the method of comparison, the value research method and the logic analysis method mainly adopted, pays attention to absorb the latest research results at home and abroad, probes some problems of the system of the connection of litigation and People’s mediation fatherly and puts forward a proposal of the connection of litigation and People’s mediation model-constructing the judicial ADR form. Besides of the preface and conclusion part, the thesis can be divided into four chapters. Chapter1:Theoretical understanding on the mechanism of the connection of litigation and People’s mediation. This part mainly discusses the concept, the nature and the philosophy foundation of the mechanism. Chapter2:Analyze and summarize the basic principles of the mechanism of the connection of litigation and People’s mediation. Chapter3:Practically investigation of the mechanism of the connection of litigation and People’s mediation. It analyze some key problems of the mechanism of the connection of litigation and People’s mediation. Chapter4:Based on the former research and the review on the macroscopic system of the foreign court annexed ADR. Improvement suggestions on how to construct the court annexed ADR form of the mechanism mode of the connection of litigation and people’s mediation in our country.