A Study On The Mechanism Of The Abutment Of Litigation And Mediation In Civil Litigation

With the development of the socialist market economy in China, the multiple social structures of interests are becoming more and more apparent. Conflicts between different groups of interests have been increasing and a great number of disputes have been brought to the court for settlement, which has played great pressure on the court. Social organizations of mediation, which have been formed in past years, have played an active role in solving various disputes. However, their functions are limited. In order to meet the practical situation of social disputes settlement and the specific needs of various subjects, it is urgent to establish a mechanism of multiple settlements of disputes in which functions complement and procedures link up with each other. In this way, the win-to-win of equality and benefits can be realized. The mechanism of the abutment of litigation and mediation in civil litigation is an outcome of social development in China. It can effectively settle the multiple and complex civil litigations, maintain social stability and create harmonious society. This thesis starts from the basic concepts of the mechanism of the abutment of litigation and mediation in civil litigation, then makes a comparative study of the relevant legislation in foreign countries, and puts forward concrete suggestions on improving the mechanism in China on the basis of the research into the existing problems concerning the operation of the mechanism in practice, hoping to be helpful to the improvement of enrichment of its legislation.