On Entrusting Mediation

Entrusting mediation is a mediation that the court,in civil cases,with the consent of individuals,entrust people’s mediation committee and other organizations or individuals for mediation.The mediation is the result of our efforts to build adiversified settlement mechanism for those desputes.The measure is the new initiatives through the social forces to solve problems in cases.Many of courts have explored and tried on the entrusting mediation,and some are as have achieved good results.This paper,by parsing the meaning of mediation,elaborate that the solution has four functions for the courts to solve contradictions of more case but fewer people, to solve disputes more efficiently,to reduce the cost of the parties to resolve disputes,and to meet the demand of institutional innovation,and it has three principles that are respecting parties for procedures option,timeliness and confidentiality.The paper also analyzes the mediation system of legislative situation and judicial practice,and analyzes,on the system level of entrusting mediation,problems of the determining the nature,the scope,the procedure and elective conciliator and is given some suggestions on the above problems.The end of this article,we put forward some recommendations on the judicially practical level, including to promote the people’s court-annexed mediation model, compared to arbitration system, the establishment of the roster of mediator,conciliator by the parties to choose, and it is reasonable and necessary that the court conduct the mediation commissionis within the jurisdiction of the court under the specific circumstances of themselves.In short, the mediation in the currently judicial practiceis is still in the exploratory stage, and need morein-depthin spection of judicial practice.But,we believe that with the growing awareness of civil rights and the growing number of civil cases,the pattern will be accepted and applied more and more by courts and also to better play its auxiliary courtswork, and to play timely and efficiently role for solving cases.This paper argues that mediation should be actively promoted as a new mode of dispute resolution.In the promotion process, we should actively establish people’s court-annexed mediation as a normal way of conciliation commission,and establish the mature and content specification mediation system.It is reasonable and necessary that the determination of the foundation of the mode by the court with in its jurisdiction according to the specific circumstances,the court been basing on the currently the mode still in the exploratory stage in China.