A Study On The Institution Of Pre-litigation Mediation In China

Nowadays, Judicial ADR develops very quickly in the whole world, which is aneffective way to settle disputes in judicial process. It plays an active role indispersing cases, alleviating burden of the judicial system, improving judicialefficiency and alleviating society’s contradictories. As China is in the period ofsocial transformation, there are so many disputes that the courts carry very heavyburden. Constructing diversification of dispute settlement mechanism, especiallycourt annexed ADR, is the right way to get out of the the trouble, which also cansatisfy the increasingly diversed requirements of the parties’ in dispute. It cancontribute significantly to the unity of legal effect and social effect. It also wouldhelp to construct the harmonious society.The pre-litigation mediation is a pattern of court annexed ADR. A study of thepre-litigation mediation is very meaningful and significant. Therefore, the author ofthis thesis proposes to introduce the basic theory of the pre-litigation mediationinitially. Then, the author discusses the practice of the pre-litigation mediation inChina and relative system in abroad. At last, the author gives some advice aboutconstructing the institution of pre-litigation mediation.This thesis is made up of four chapters. The first chapter introduces the basictheory of the pre-litigation mediation. It details the concept of the pre-litigation mediation and the relevant provisions in current law relating to the pre-litigationmediation. Otherwise, it compares the pre-litigation mediation with people’smediation, lawsuit mediation and judicial ADR. This chapter offers the theoryforeshadowing and the analytical prerequisite for the following research.The second chapter introduces the practice of the pre-litigation mediation, thenevaluate and analyse this practice. The author introduces the pre-litigation mediationof Changning Court, Songjiang Court and Pudong Court, and compares three modeof the pre-litigation mediation. Moreover, this chapter introduces the achievementsand shortcomings of the pre-litigation mediation in practice. It offers experience andreference for constructing of the pre-litigation mediation.The third chapter gives brief introduction of relative system in abroad. Itrespectively introduces court annexed mediation in USA, mediation system in Japanand pre-litigation mediation in Taiwan. Based on China’s reality, the author putforward foreign experience for reference from three aspects of mediation principle,mediation scope and mediation procedure.The fourth chapter discusses construction of institution of pre-litigationmediation. Firstly, it analyses three principles of pre-litigation mediation. Secondly,it discuss the specific construction of institution of pre-litigation mediation fromseven aspects, which are pre-litigation mediation’s range of application, mediators,begin, procedure, mediation agreement’s legal effect, linking to litigation procedureand other subjects.