Analyzing The Lawsuit Mediation From The Multi-dimensional Perspective

Empirical analysis shows that people have more expectations for lawsuitmediation. The lawsuit mediation was complementary with the judgment in China,both of which had a large historical volatility in the last thirty years. At present, thetendency of comparing the mediation rates between local courts and a large amountof finished cases through mediation entering into execution should not be ignored.The order is the common pursuit of law and society. The concept of order andthe force to maintain order in different historical periods are different. With thedeepening of the market economy, the contract society gradually forms in China andthe public have a natural tendency to exclude the power. However, the civil ability ofsettling the dispute is insufficient and social self-government power is immature,both of which are the social foundation on which the lawsuit mediation depends.Under the current logic of “politics-justice” in China, the justice is under politicalpressure to maintain social stability, so the lawsuit mediation through the adjustmentof judiciary policy is the “exit” in which the judiciary adapts to the political situation.All this leads to the alienation of the lawsuit mediation. From the internal structure,the didactic conciliation of “sermon-satisfaction” doesn’t apply to the lawsuitmediation in the society with rule of law, and the trial mode of judgment with theconstruction of “rival——judge” doesn’t fit the order demands of social civilizationfully. Therefore, the construction of procedure to settle disputes should lead theparties concerned to cooperation instead of competition and the procedure exists as akind of communication scenarios.The lawsuit mediation is a democratic and open procedure with consensus beingits fundamental characteristics, which can fulfill the strong desire of the parties toreturn society by seeking broader benefit as well as provide the “market” for them tonegotiate and trade the “rights” under the shade of the laws. Via negotiation, theyboth get the comparative justice conforming to the Social public value under thecombination of many legal rights. Therefore, the individual right, legal order andsocial order are all satisfied, and the law civilization order agrees with socialcivilization order. The court only plays the foremost role of media in providing theservice of Communication scenarios and the judicial decisions can really be the lastline of defense for maintaining the social equality and justice. This is the inherentcontribution of rigid judicature (judgment) made by the country to settling civildisputes, law civilization order and social civilization order. Therefore,“mediate asthe cases can be and judge as the cases must be done” is a base line of appropriatelydealing with the relations between the mediation and judgment, with the process of communication for settling the disputes included.