On The Improvement Of China’s Court Mediation System

Mediation is experienced precipitated the valuable experience of the history ofthe East for thousands of years, to play its unique effect on dispute resolution, but inthe long history of who has been ups and downs, in response to today’s theme ofbuilding a harmonious society, it also once a revival after the recession, so as to adaptto the times of revival product-the filing mediation system came into being, the filingmediation system is an improvement and innovation of court mediation, contains astrong vitality, and improve the ’mediation system resolve civil disputes in China hasgreat theoretical and practical value.’Mediation described in this paper refers to the parties to the courts, the courtfiling court staff after a review of the cases handled by the transfer of the businessatrium trial before the parties voluntarily or under the persuasion of the court, by the’Working Group on Mediation chaired or participated in mediation to reach amediation agreement, efficient, fast closed in mediation activities. In particular,’mediation system is independent of the other mediation system, court mediation timeframe have more stringent restrictions and regulations. The court mediation defined ina court filing court confirmation of an indictment, and review of the ’case istransferred business tribunal hearing before this time, and thus the exact ruled outfiling court judges review whether the case is filed, seven days, will be placed on filemediation into the scope of the litigation mediation.Besides the introduction, conclusion, the rest of this paper divides into four parts. The first part defines the concept of mediation system. Based on a deep analysis ofthe nature of the trial court mediation, we clarify it into litigation mediation. Its unique characteristics were mined and its natural advantages were proposed. The secondpart is from China’s court mediation system of legal regulation about mediation model based in Hunan Province in central China’s Hunan two more representative of theCourt of Hengyang City Intermediate People’s Court and Hengdong grassroots People’s Court mediation system running status of research and analysis. Confirmed the results achieved in the analysis of the collected data and information, and also pointedout the inadequacies of the existing institutional level and operational level and analyzed. The third part focuses on analysis of relevant systems of the major countries of the two legal systems, in-depth comparison and analysis, the useful experience in qua litative system, the program set we can learn from and learn. The fourth part, throughresearch and learn from the experience of foreign countries on the basis of proposedis necessary to perfect China ’mediation system and start from the principle, to the scope of application, the trial level, the institutional settings staffing and procedures onChina ’mediation system overall sound advice.