The Establishment And Optimization Of Pre-litigation Mediation

With the development of market economy, as well as the reform andopening up of our country, the number of civil case that Court has acceptedhas been explosively increased. At the same time, the cases have shown atendency of being more and more complicated and difficult. This has broughtmore difficulties to court trial. Given the clear target of building up aharmonious society, and judging from the actual experiences of foreigncountries, along with the judicial practices in our nation, it is believed thatpre-litigation mediation is the effective choice to some how relieve thesituation of “litigation explosion”. According to Article122of the latelyamended Civil Procedure Law,“For civil disputes that are sued to thePeople’s Court, mediation comes first if applies. With the exception ofparties refusal of mediation.” This was the first time that pre-litigation mediation is established as a process of the foundation of formal litigations.However, despite being supported by the law now, pre-litigation mediation isstill an initial system that needs to be optimized. The established patterns alsodiffer from one another through out the courts in different places of ourcountry. Nowadays, the theoretical system of pre-litigation mediation is stillto be clearly established, and all relevant laws and regulations are to becompleted. This essay elaborates the pre-litigation mediation system, andproposes correspondent ideas on its optimization.