The Research On Judicial Confirmation Mechanism Of Non-litigation Mediation Agreement

With the separation of social class, the diversity of interest groups, the numberof disputes "explosion", a wide range of dispute resolution mechanisms becomeinevitable. Litigation mediation as an important way to ease and quell social conflicts,plays an irreplaceable role in the settlement of disputes. However, due to the litigationsettlement agreement the effectiveness of limitations, the lack of enforceable, resolvesa dispute so far been ineffective in practice, judicial recognition system is a goodsolution to this problem. However, due to a late start, this system still exist manyproblems and defects, therefore, the urgent need to continue to improve the system ofjudicial confirmation of litigation mediation agreement, standardize judicial practices.Litigation mediation agreement text of the agreement as in v outside mediationorganizations under the auspices of legitimate voluntary reached its epitaxial quiteextensive, including the people’s mediation, administrative mediation, commercialmediation, the mediation agreement of the industry and other causes of action outsidethe mediation agreement. Judicial confirmation system as a solution to the complaintoutside the mediation agreement the effectiveness of the limitations of the system ofnon-litigation procedure should belong in nature. Both from theoretical or empiricaldata, judicial recognition system not only has to make up for the value of v. outermediation agreement effectiveness limitations, or ease the court " litigation explosion"pressure reducer, diversified requirements of the dispute settlement mechanism and nolitigation and conciliation docking necessary sewn. The combination of the nature ofthe judicial confirmation in the review of principle, should adhere to the terms ofreference of Discovery, the principle of confidentiality and written examination. Butthe judicial practice of view, our litigation mediation agreement judicial confirmationsystem there are still many problems and shortcomings, such as in the judicialconfirmation on the design of the general procedural rules, courts are bound by thescope of the case, there are still imperfect, more confusion about the provisions of theterritorial jurisdiction judicial confirmation applicable legal instruments are notunified, recognition enforceable basis is not clear what the subject when the judicialconfirmation error can start judicial supervision relief procedures; Another example isthe Chief mediation, arbitration and Mediation, major commercial mediation thejudicial confirmation of the agreement, but also the lack of special rules design. Address these issues one by one on the basis of analysis of the status quo of thecurrent system of judicial confirmation put forward suggestions for improvement: asin the design of general rules, the law should be clear that the Court’s positive scopeof the case and negative scope of the case, in particular, should implement themediation agreement security interest in judicial cases recognized scope of the case;should be harmonized provisions of general territorial jurisdiction and specialterritorial jurisdiction; court, the parties should provide for judicial confirmationshould be ruled in book form and as enforceable basis; the third person itspro-curatorial organs can initiate judicial supervision and relief procedures. Foradministrative mediation, non-arbitration mediation, major suppliers do mediationagreement judicial confirmation of the special rules designed administrativemediation, major suppliers do mediation agreement of Justice confirmed cases shouldbe under the jurisdiction of the Intermediate People’s Court, the Court accepts the caseshould strictly distinguish between non-arbitration conciliation agreement andarbitration mediation agreement, the labor dispute non-quorum mediation agreementreview should focus on the protection of workers’ rights and other suggestions forimprovement.