The Research Of Court-entrusted Mediation

The system of Court-entrusted Mediation is an important institutional innovation concerning Alternative Dispute Resolution(ADR) mechanism in recent years, which aims to build a good docking mechanism between meditation and lawsuit, shunt cases, reduce the cost of dispute resolution, etc. This mechanism is carried out nationwide. However,due to the incomplete regulation of entrust mediation system, a lot of confusion in theory and practical problems in Court-entrusted Mediation appear. At the same time, the theoretical circle is quite controversial about the nature function, classification, mode,scope and process of the Court-entrusted Mediation and doesn’t form a unified opinion. In addition, with the enrichment of basic practice and new changes in the civil procedure law,some new problems emerge in Court-entrusted Mediation which needs to be theoretically discussed and resolved.This thesis chooses a city in eastern coastal areas as samples, carry out an empirical research on its reform and practice and combine the theory with practice reflected on present situation to check our theory research. In this case,the performance of Court-entrusted Mediation system is negative, because the various interests lead to different demands and action logic and failure of guaranteed interests. When it comes to the system itself, the legitimacy and the rationality of the construction of Court-entrusted Mediation invites further research. As for program structure, some problems such as homogeneity, contrary to the principle of voluntary, are worth further study and reflection.Combined the investigation with reflection on this sample, this paper argues that: Firstly, further standardization of Court-entrusted Mediation is possible and necessary.Secondly, the operation of entrust mediation system should take the reasonable demands and interests of the two parties into consideration. So it is necessary to further clarify the rights of judge and enhance the construction of mediator group. It is necessary to ensure the procedure option rights of the parties and encourage lawyers to participate more in Court-entrusted Mediation. Finally, the procedure of Court-entrusted Mediation also needs to be further improved, including the consideration of voluntary and mandatory factors in the starting of the procedure, limitating it to a reasonable scope, and the time for meditation should also be suitable, and the branch of meditation and lawsuit be legal,reasonable and efficient.