The Cost Sanction To Encourage Mediation In Litigation

Formal procedure is constructed by litigations and trials. Since the disputes explosion currently, different kinds of dispute solutions need to blend with each other so as to make the most effective use of limited judicial resources. In order to take advantage of court mediation in maintaining social harmony and saving judicial resources, the courts can make institutional arrangements to encourage parties to choose mediation in litigations.Institutional arrangements can not only safeguard citizens’ access to justice, but also limit the abuse of procedural rights. In designing rules to encourage mediation in litigation, reasonable rules of costs can affect litigants’ lawsuit behavior choice.In this thesis, the author researches the cost sanction in practice to encourage mediation in litigation in England, investigates the current roles of cost rules in encouraging mediation in litigation in China, analyzes the necessity to transplant the cost sanction, and explores how to construct specific rules.This thesis is divided into four chapters.Chapter1, encouragement of mediation and the bear of costs in litigation, introduces the tendency of mediation in litigation, due process in court mediation, and the principles of costs and its exceptions.Chapter2, the cost sanction to encourage mediation in litigation in England, introduces the origin of cost sanction, application of cost sanction in law practice, difficulties and deficiencies.Chapter3, the current situation and reform direction of cost rules to encourage mediation in litigation of our country, inspects problems existing in mediation and cost rules of our country and the direction of reform.Chapter4, enlightenment and reference of cost sanction to encourage mediation in litigation to our country, analyses the feasibility and necessity, and tries to construct specific rules.