Before The Lawsuit Of Mediation Law Practice Research

Modern society，litigation demand and the contradiction between the judicial resources ismore and more serious，The traditional dispute resolution mechanism is facing seriouschallenges，People in succession will explore eyes turned to multiplex dispute resolutionmechanism，It just to agree with today’s world civil judicial reform trend-Develop alternativedispute resolution mechanism of action namely“ADR”(Alternative Dispute Resolution). Inthe process of development of ADR，Court-annexed ADR Or Said Judicial ADR by manycountries and regions are highly valued，Such as the Taiwan region of China since the1990smany amend the civil procedure law in order to strengthen the court before the lawsuit withconciliation proceedings. Our country at present the civil procedure law and no provisions forcourt mediation，The legislative situation already can not adapt to the dispute type and thediversity of the parties value pursuit of dispute resolution mechanism proposed the newrequirements，against the realization of the procedure option，against the parties outside theprotection of the interests in question and be bad for Judicial efficiency．Based on these unfavorable factors restricting the realityin practice，each district court tocourt-annexed-mediation for reference the pretrial mediation is carrying on like a raging fire，and Of the relevant report common central Hunan province and get the praise. This articlefrom the pretrial mediation theory connotation and characteristics, in a further analysis indefense of foreign related with former mediation on the basis of the dispute settlementmechanism and discussion on defense mediation in the judicial practice in China before themode、apply and current situation，and put forward some construction before the lawsuitmediation system some Suggestions In our country，By the time to our country as soon aspossible to establish a unified with Chinese characteristics pretrial mediation program to do alittle modest.