A Debate On The Judge’s Judicial Mediation In Civil Procedure

Mediation, for recent years, has been a more preferable solution preferred by both judges and the court, but it has also received more and more criticism for its judicial mediation system and on its practice from the academia. So, it is of great practical and theoretical significance to explore the problems and their solutions of judicial mediation. This paper argues that the judge, in the process of mediation, is the concrete executor and is in a dominant position of mediation system. Therefore, to research the preference and behavioral strategy of the judge in judicial mediation is a must in the study of the judicial mediation. This paper attempts to understand judicial mediation in the eyes of judges.The first introduction chapter put forward the research proposition, then list much relevant research literature, and write the research methods and the main lines of the article.The second chapter analyzed about the present situation of mediation in the judicial practice, through the interpretation of the court of justice statistics as well as the national excellent judge deeds, combined with the actual interviews of judges come to the conclusion that the judges generally preferred to mediate.Chapter3focuses on the formation mechanism of the mediation preference, answering the fundamental problem "why judges prefer mediation". In this chapter, it first discusses the social background of the formation of judges’preference, then analyses realistic living environment for judges and finds the main factors for the formation.The fourth chapter studies mediation strategies, present the whole process of the judge mobilizing resources, of the concerned and mediation skills, interprets "how the judge mediate".The fifth chapter analyses alienation and its causes in judicial mediation, raises several main performances, and generalized the main causes for behavioral alienation in judicial mediation practice. Countermeasures, in the chapter, that using system to standardize judges’behaviors are put forward. At the same time, this part debates the construction and improvement of several main systems.The conclusion part reviews and summarizes the main study contents and clarifies some other questions.