Status Of Implementation Of Mediation

Since ancient times, known as the "Oriental Experience" mediation system in China hasbeen occupied a pivotal position in dispute resolutions, and it has had a profound impact onChinese contemporary and social governance to settle disputes. As one of the mostrepresentative of the new China mediation system, litigation mediation system has existed asearly as in China’s feudal society, but Mediation in the modern sense originated in the NewDemocratic Revolution. Since the founding of New China, it returned to prosperity after "U"-type movements later. The mediation proceedings problems become significant and graduallybecome the court’s concerns when the Supreme Court is still taking many measures inlitigation mediation and the conciliation rate of the National People’s courts have also beenstable at a high level.As early as2006, some scholars on the basis of empirical research said:"Overall, theperformance of cases settled in mediation cases is better than the judgment concluded",but"compare with mediation cases and judgment concluded in the application when exclude theimpact of external factors closed cases, there was no difference". Then he speculated that:"From the empirical point of view, mediation cases same better (perform suspension rate) andthe execution time is short (coastal court) than the effect of the judgment, but the system forjudgment and mediation does not discriminate, it may is the cause why the enforcement ratebetween mediation cases and the judgment is relatively close."A lot of the people’s courts inrecent years understood the negative effects of mediation cases to apply the Court to execute,many groups has established to try to solve the related problems. June28,2010, the SupremeCourt issued "On further implementation of ‘priority to mediation, judgment to combine’work principles of several opinions"(hereinafter referred to as the "Opinions"), thecircumstances behind the "Opinions" showed that: low automatically fulfill rate in themediation agreement is one of the top ten issues.The author believes that the parties to the mediation agreement is not only on a voluntarybasis of equality, dispose of their civil rights and proceeding rights within the limitsprescribed by law to resolve complaints, but also the basis after people’s court confirmed theagreements and make the effective enforcement of mediation. How to determine theireffectiveness as well as the content can be achieved, both all directly related to the interests ofthe dispute between the parties can be properly settled, but also closely linked with the credibility of the mediation court and the judicial authority. This article aims to apply for thestatus of implementation rates, focus on strategies to reduce apply execution rate, and themediation’s position and the development trend.