The Study Of Commissioned By The Mediation Before Litigation

With the development of our national economy, the court appears “litigationexplosion”succession.The pre-entrusting mediation has function of shunting cases,So it has great theoretical and practical significance to study.This paper is divided intofour chapters, the contents of each part are as follows:The first chapter introduces the basic theory of the pre-entrusting mediation. Itdetails the concept and features of the pre-entrusting mediation and the relevantprovisions in current law relating to the pre-entrusting mediation. Otherwise, itcompares the pre-entrusting mediation with people’s mediation and lawsuitmediation.For a better understanding of pre-entrusting mediation.The second chapter gives brief introduction of relative system in abroad and area.It respectively introduces court annexed mediation in USA,mediation system inJapan,and pre-litigation mediation in Taiwan. Get inspiration to Perfecting the oursystem by the comparisons.The third chapter introduces the Current legislation and practice of thepre-litigation mediation,Especially the people’s mediation window,litigation mediationcombined, specially invited mediators and grassroots organizations, professionalbodies then analysis those practice.to pointed out the problem.The fourth chapter discusses construction of institution of pre-entrustingmediation. it Introduce the principles of pre-entrusting mediation. Then it discussthe pre-entrusting mediation’s range of application, procedure, mediationagreement’s legal effect, linking to litigation procedure and other subjects.