The Use Of Theory Of People’s Mediation Case Study And Its Mechanism

As one of diversified ways to resolve disputes in contemporary China, the status ofthe people’s mediation is non-ignorable, the people’s mediation has some unique propertieswhich is different from judicial mediation and administrative mediation.Because the highintegration of people’s mediation and legal system in current period, it’s necessary tooptimize the people’s mediation skills to achieve the improvement of the people’smediation system continuously. The people’s mediation skills are diversified,including“face to face”,“back-to-back”, cooling method, the perspective-taking method,case mediation method and etc., in which the use of case mediation method is verycommon in practice. Not only in the mediator training but also in the process of mediation,some specific cases are directly or indirectly used. The cases transfer some kind of legalthinking, they are the solutions which were put forward for specific problems, and they aremore detailed and operational than law. The effect of cases vary from person to person inmediation, on one hand, it would be influenced by the people mediator’s quality, on theother hand, it would also be influenced by the psychological reaction of the partiesinvolved. This article will discuss the use of cases in the people’s mediation from fouraspects. The first chapter introduces the general information of the use of cases in thepeople’s mediation, including the concept and characteristics, comparison with theapproximate concepts, so as to define the scope and effectiveness of the case which isdiscussed in this paper. The second chapter analyzes the action principle of the cases inthe people’s mediation and its function and value from the perspective of law andpsychology. The third chapter systematically analyzes the present situation andcorresponding reason on the use of cases through data, and text materials by adoptingempirical analysis method, highlights the following problems, such as difficulties of casecollection, short of awareness in using cases, the ability limits of case users, deficiency ofprivacy protection and etc.. The fourth chapter aims at the shortcomings in practice, putsforward some improving suggestions in the use of case on the basis of the conclusion inthe previous chapter in order to facilitate the legislation, fairness and efficiency in thepeople’s mediation. The improving suggestions includes building dispersity case library bycounty as the unit, and how to categorize and use cases.