The Docking Mechanism Of Litigation And Mediation And The Analysis Of Its Problems In Our Country

In recent years, with the revival of the judicial mediation, the courts all over our country have been developing and promoting litigation and mediation docking mechanism. The rise of litigation and mediation docking mechanism is based on complex practical situation and it also enjoys a rich cultural history. Currently, our country is experiencing the period of social transformation that changes the social structure deeply, which is the reality factors of litigation and mediation docking mechanism. And the traditional factors of this system is also be regarded as a key social factor of its rapid development. The study of Litigation and mediation docking mechanism that is one important part of the diversified dispute settlement mechanism in our country is of great value. This paper has four parts. In the first part, the author try to explain the conception and the characteristics of litigation and mediation docking mechanism, and its legal basis and value are also discussed in this part which make it clear in the theory study and practice of the mechanism. The second part expounds the reasons and backgrounds of the establishment of litigation and mediation docking mechanism, which mainly from the points of the historical and cultural origins, historical background and the judicial philosophy of development. In the third part, the author use some examples of the courts to analyze the current situation of Chinese court litigation and mediation docking mechanism. And the problems of it is also be analyzed in the end of this part. For the fourth part, The author gave his thoughts and some suggestions on perfecting the litigation and mediation docking mechanism by drawing lessons to the related judicial practice in foreign countries and regions. Maybe that will be beneficial to the people’s Court of the judicial practice and makes the fairness and efficiency come true.