On The System Of Civil Mediation

Mediation has played a very important role in resolving civil disputes in Chinathroughout the ages. Since the ancient times, China’s prevailing philosophy has been one thatpreaches “peace is most precious","harmony without uniformity". In modern times,“Maxiwutrial mode” which was seen as the representative of the judicial ways has been widelyrecognized in the process of combining with the masses. In today’s world,"harmonioussociety" was the goal of our development theory, people are more willing to resolve disputespeacefully. Putting to use the time-saving way to solve the contradiction between the people isour common goal. Therefore, try to develop a more humane civil mediation system and makeit adapt to the current economic and social development of China much better and play along-term role was numerous jurists’ aspire.In the author’s view, mediation and judgment are both the means to resolve civil disputes,we could not be partial to either side. Currently, we are in the special historical period, thesocial-economic environment is changing, we are facing many uncertainties, so we have todevelop a more rational mediation mechanism in the judicial reform in order to get betterharmonious development. We should not use mediation blindly just because it’s "good"without regard to the physical truth. What we should do is to select the optimum solutionaccording to the specific case of disputes. Only in this way, things will get a perfect solution.This paper will discuss the improvement of mediation system through the modify anddeficiency of it in the new civil procedure law in order to gain a clear idea of dialecticalrelationship that between the voluntary nature of the parties and mediate start off before theothers. This paper will carry out detailed study focus on the issue of res adjudicate in themediation agreement. Through the analysis of the problems above, the author try to improveand legislate management mechanism that perfectly suitable for mediation.