Research Report On The Judicial Confirmation Process Of The Mediation Agreement

Resolving disputes through mediation is an important way of handling disputes. It isknown as the "Oriental experience." It eases the pressure of trial court, diverts litigation, andavoids the simplicity of litigation to resolve disputes. It comes into being from practice,covers a wide range, applies conveniently, and accommodates the culture and custom of ourcountry. It has its own advantages. However, before the establishment of judicial confirmationprocess, the development of mediation organization went into suspension. The lack ofcompelling force of mediation agreement has become an important factor restricting theability to resolve a dispute outside litigation. The judicial confirmation process of mediationagreement is an important outcome of the judicial reform in China in recent years. Theprogram originates in the practice of court, is an important institutional innovation of CivilProcedure. It is in line with the actual development of our society, and also fits the interestsand the demands of the broad masses. This procedure is an innovation on the basis ofexploration on practice faced the deepening of reform and opening up, and the diversificationof social conflicts and disputes. It is a specific application of a wide range of disputeresolution mechanism in China.In2011, a legal requirement on people’s mediation agreement judicial confirmationprocess was officially made in the "People’s Republic of China People’s Mediation Law"."Mediation agreement confirmed case" was added to the Civil Procedure2013in Chapter15Section VI, making the judicial confirmation process a new program of Civil Procedure. Theestablishment of the judicial confirmation process is an innovative mechanism divertingpathways through alternative dispute resolution to resolve dispute in our society. It hassignificant influences for the promotion of mediation, mediation activities, the enhancementof the credibility of the mediation agreement, and the protection of the legitimate interests ofthe party. Promoting polybasic social disputes solutions has important significance. But how itapplies in the practice of specific circumstances, and what problems rises when the courtspecifically applied in judicial practice are what we should be concerned about and thinkabout and resolve to perfection. Only by improving the judicial confirmation process, we canachieve the healthy development of the judicial confirmation process, and to achieve thesystem function and purpose.In this paper, the author mainly uses empirical research methods. The research program was run by the three grass-roots courts. Analysis was made about its existence in thepractical application of the issues. Ideas and suggestions was put forward to improvement.This paper is divided into three parts, including introduction, body and conclusion. The bodyincludes five parts: the first part is about the research themes and background. This sectionincludes the connotation and significance of the judicial confirmation process of themediation agreement, the judicial confirmation process of the mediation agreement, the basicorientation of existing legislation and the rules of procedure of the program, implementationof state and theoretical research status of the program, research issues to be addressed and soon. The second part is a review about the circumstances of this research, mainly on theresearch object of this research, research methods and conclusions. The third part is theanalysis of the court applied the grass-roots judicial confirmation process, such as the low ratein general and parties to litigation to achieve economic interests. The fourth part is acombination of judicial confirmation of present situation in practice applicable to the judicialconfirmation process and a summary of the difficulties encountered in the implementation,mainly explains some deficiencies existing in the judicial confirmation process in thelegislation and the actual operation. The fifth part put forward some suggestions and opinionson judicial confirmation process of the mediation agreement faced to the problems.