Analysis Of Pre-litigation Mediation

With the development of China’s economic,the friction between people appearmuch more frequently, civil cases has shown new features, explosive growth not onlyin quantity, the types of cases is becoming more and more complex and diversified.Based on our country’s court mediation revival, the separation of mediation andtrial,the influence of foreign court annexed ADR.Pre-litigation mediation systemcatches our eye.The new civil procedure law include the Pre-litigation mediation, the mediationwas established as the mechanism of civil procedure, for the litigant provides a newway of dispute settlement. As the first appeared, the lack of specific provisions forconciliation, the concept itself, the law is not clearly. As a new system, we study it,need to make it clear. We try to define the mediation.combined with the relevant legalprovisions, the judicial interpretation and the relevant academic point of view.Theconcept is concerned, should be the plaintiff put civil dispute to the court,the disputeshould conclude the possibility of mediation cases, through consensus mediation toresolving disputes of alternative dispute resolution mechanism. Nature, mediationbelongs to the alternative dispute resolution, in the procedure which is independentfrom the procedure, and the procedure is closely connected with. In a word, mediationis not only different from the out of court mediation, is also different from themediation in the litigation. Mediation should be transplanted to other alternative dispute resolution mechanism of the court annexed ADR, it has the dual attributes ofjudicial and non judicial, litigation and non litigation mediation.Established in the "Civil Procedure Law", we focus on the judicial practice, weanalysis the gap between legislation and practice. We can see, mediation has appearedin the practice of various mode of practice, we summed up the main types, dividedinto the following three kinds, mainly includes the following three modes: court selfmediation, entrust other organizations mediation, court annexed mediation studiomediation.Through the analysis of the mediation practice, we can see the Pre-litigationmediation had many advantages, but also some problems in the practice process. Inthe law of civil litigation mediation after confirmation, we need improve and perfectthe Pre-litigation mediation, to clear the direction of the development of mediation. So,this paper tries to put forward some suggestions on the application and operation ofmediation first, wish to contribute to the Mediation Legislation and improving thepractice. The first is to perfect the legislation, secondly is to perfect this system frommany aspects, including clear the start procedure, strengthen the participator of themediation, perfect connection between the lawsuit and mediation, and guaranteeprocedure of the the Pre-litigation mediation.