On The Courts To Provide Mediation System

The world today is facing the threat of litigation explosion, which countries andactively explore effective ways of settling disputes. On behalf of the United States asvigorously practice the administration of justice of ADR. Its court-annexed mediationmining tune trial separation, voluntary choice based on the two sides to mediation bythe Mediation Association, the popularity of such judicial ADR in the internationalcommunity. China also strongly advocated the diversification of the dispute resolutionmechanism, all over the court followed a2004Supreme People’s Court "on the workof the People’s Court civil mediation provisions of the first three commissionedmediation provisions, have set up a variety of patterns in practice commissioned bythe mediation system, particularly in the commission of the Shanghai court mediationmodel is more typical. Commissioned the mediation system in diversion cases, relievethe pressure surge in court cases, the full and effective use of social forces to resolvedisputes play a significant role, but also conducive to dispute the fundamental solutionto meet the pursuit of the value of diversification of the parties, to maintain socialharmony and stability. Commissioned mediation mediation provides that "2004" andthe Supreme People’s Court in2009and2011, the introduction of judicialinterpretation has been involved, but it provides for a more general, and the lack of adirect legislative basis, resulting in the basic theory of the commissioned mediationsystem as well as the absence of procedural rules. Theoretical circles commissionedthe legitimacy of the mediation, the nature of the complaint before commissioned bythe presence of mediation basis have different views, the basic theory has not yetreached a consensus, commissioned by mediation, there is a lack of solid theoreticalfoundation. In practice, local courts have distinctive commissioned mediation model,its specific mode of operation vary, different practices, the lack of uniform standards.Commissioned mediation more controversial in the theoretical and practical circlesgreatly reduced its function should play. Commissioned a study of the mediationsystem, the theory community has not yet formed a boom, Li Hao, Xiao Jianguo,scholars have discussed. These studies mainly commissioned by the nature of themediation function, scope and mode of operation. In this paper the author wishes to becommissioned mediation theoretical issues discussed qualitatively by referring to foreign justice of ADR for the controversial nature of the mediation of thecommission. For its legitimacy, the applicable stage to put forward their views. Theother hand, the practice in all kinds of commissioned mediation model is analyzed andsummarized by empirical research, theory with practice, in-depth study on one of themore prominent of the court attached to people’s mediation. Explore the mediationsubject, in principle, scope and application phase, and the program is runningmechanism. Voice their opinions through both theoretical and practical aspects ofresearch, commissioned the development of the mediation system in order to promoteits further development and refinement.