Research Of The Pre-litigation Mediation

The pre-litigation mediation is the new system which was added in the "People’sRepublic of China Civil Procedure Law". It requires that the dispute which haven’tuse the people’s mediation, once it claims to court, the court can mediate first. Eventhe dispute, which have used the people’s mediation but didn’t get a mediationagreement, suits to court, the court also can mediate first.At present, with the economic development of China, it is at an important periodof strategic opportunities and social contradictions. Making full use of the people’smediation to resolve social conflicts, protect social stability and promote socialharmony is very important for our country. The Supreme People’s Court summarizedthe innovative experiences of many regions, then promote the pre-litigation mediationinto the law, made the mediation before filing stage that it may solve many problemsof judicial practice. But the legislation was rough and vague, the pre-litigationmediation lacks of system construction and procedural norms which also makes manyproblems when it works. Meanwhile, cause of the structure problems of our civillitigation, the pre-litigation mediation also can not give full play to the advantages. Inorder to better implement the purpose and nature of the pre-litigation mediation, thispaper will discuss from the background of the legislation of the pre-litigationmediation and the definition of the pre-litigation mediation, analysis the problemswhich happens in the practice. Finally, we will discuss the improve of thepre-litigation mediation from the terms of system construction and procedural norms. In the first part, it contains the analysis of the status quo of the pre-litigationmediation. It starts from the theoretical level to make sense of the background of thelegislation of the pre-litigation mediation the definition of the pre-litigation mediationand features. Then from the practical level, it will discuss the status quo of thepre-litigation mediation, from the angles of legislation, Parties, Courts and lawyers. Inthe second part, it will discuss the value of the pre-litigation mediation. It has its ownfunctions. In the third part, it contains the suggestions of the improve of thepre-litigation mediation. The first thing is to construct the system which includes theprinciples, scopes. The second is to regulate the procedure according to the clear ofsubject, time limit and the review of agreement.