To Demonstratethe Improvement Of The Pre-action Mediation

In recent years, courts in China are trying a new way of mediation-pre-litigationmediation, which is legal-binding and a good way to protect harmonious relationships.However, there are no specified regulations about pre-litigation mediation in the laws ofcivil procedures of China and it influenced the development pre-litigation mediationsystem. It’s an important topic to regulate the pre-litigation mediation system and make itto take better effect in settling disputes. Building a sophisticated pre-litigation mediationsystem means a lot to enrich the dispute settlement mechanism and protect legal rights ofthe parties.Start from the concept, this paper analyzed the main points of view in the field of law.Through the dialectical analysis of research, this paper defined the pre-litigation mediationsystem as mediation after the parties sued and before the court placing the case on file.Then, this paper analyzed the characters of the pre-litigation mediation system. Because itis in the initial phrase, there are many flaws. On one hand, the principle is not clear. Onthe other hand, it is short of guarantee of institutions. This paper made a research on thepre-litigation mediation system in USA, Japan, Germany and Taiwan deeply and analyzedthe background and institutional framework, in order to find rules and get inspiration. It isneed to build pre-litigation mediation system with the background of explosive of casesand building harmonious society. It is practicable to build pre-litigation mediation systembecause of growth of the judicial contingent and the accumulated experience in practices.Above all, this paper raised that it should improve the pre-litigation mediation system withaspects such as principles, ranges, procedures, effects and connection with the litigation.