The Comparative Study Of Court Mediation System On Both Sides Of The Taiwan Straits

The settings of mediation system hope to fully exchange views through communication of the parties under a harmonious atmosphere and put together a mutually acceptable solution. On one hand, the purpose of the solution can be achieved, on the other hand, the harmony between two sides will not bet hurt. The court mediation system has many advantages comparing with the judgment. As the mechanism of disputing resolution, it plays an important role in handling disputes and removing social contradictions, but the court mediation system also has huge space for development. How to perfect the court mediation system? There are a lot of scholars providing many solutions. However, no matter how many schemes are put forward, adopting the scheme of learning is a good method. This paper will take the court mediation system in Taiwan as an example and make a comparison to have benefits for the improvement of the court mediation system in mainland.This paper has four parts:Part Ⅰ introduces the court mediation system in China mainly from concept and basic principle of court mediation, court mediation at different litigation phase, court mediation procedure, compilation and validity of mediation document, and rescission of parties and legal handling procedure, thus providing theoretical foundation for the discussion of the perfection of court mediation system in China.Part Ⅱ introduces the court mediation system in Taiwan mainly from the discrimination of mediation and reconciliation, forced mediation event, commencement of mediation, proceeding of mediation procedure and termination of mediation procedure.Part Ⅲ compares, evaluates and analyzes the features of court mediation in China and the relevant regulations of Civil Procedure Law in Taiwan mainly from the property, principle, validity and scope of court mediation. Its purpose is to find out the difference of the court mediation system in Mainland China and Taiwan.Part Ⅳ discusses the problems in the court mediation system in China according to the aforesaid introduction of court mediation system in China, including randomness of the starting of mediation system, hardly implementation of the principle of free will of parties and rough legal provisions on mediation system. By reference to the court mediation system in Taiwan, it is proposed to perfect the court mediation system in China by strengthening the forced mediation event, enriching the mediation skills of civil litigation and adding professional mediators.