The Research On The Procedures For Judicial Confirmation Of Mediation Agreement

Judicial confirmation of mediation agreement is an important means and content oflitigation and non litigation dispute resolution mechanism linking, is the innovation anddevelopment of civil dispute resolution mechanism, has important realistic meaning andprofound historic significance. The procedures for judicial confirmation of mediationagreement is a special procedure of new increases in2012amendments to Civil ProcedureLaw. Civil Procedure Law determine the legal status of the judicial confirmation processfrom procedure level, thus providing a legal basis and guarantee for the better implementdocking litigation and mediation. But in the early stages of development of judicialconfirmation process, there are still many problems to be resolved and perfected in theoryand practice. This paper takes the procedures for judicial confirmation of mediationagreement for the topic, analyzes connotation, characteristics, significance of the system ofjudicial confirmation of mediation agreement, from the academic point of view graduallyelaborates legal basis, nature and value of the system of judicial confirmation of mediationagreement. In this paper, for the implementation of Articles194&195in Civil ProcedureLaw as the center, the author analyzes the specific operating system program of judicialconfirmation of mediation agreement in China, and finally discusses the res judicata andremedy of judicial confirmation, in order to improve the system of judicial confirmation ofmediation agreement and the specific provisions of it.