Research On Entrusted Mediation System

Entrusted mediation system is one kind of the diversified dispute settlement mechanism of our country. It can ease pressure on the court case and has the advantage of reducing the cost of dispute resolution. It is helpful to solve the fundamental contradiction to alleviate the problem of difficulty in enforcement, thereby promoting social harmony and stability and achieving a good social effect. Entrusted mediation system has been carried out by a number of courts around the country. Moreover, anteceded mediation system established by the new Civil Procedure Law will bring new opportunities for the further development of entrusted mediation. However, due to lack of legislative and institutional safeguards or lack of experience, there are many constraints in practice the healthy development of the mediation commission factors exist. It is necessary to carry out systematic research continue in order to develop the system and provide theoretical support for the future.This thesis is composed by the following four sections:The first part explains the basic theory of entrusted mediation system. Firstly, expounding the meaning and pursuant to entrusted mediation. Secondly, making a comparison with the distinction between the system and other related concepts like the people’s mediation and court mediation, and then analyzing the nature of entrusted mediation. Currently scholars have a different understanding and views for its location. It can be divided into different kinds of entrusted mediation According to different classification criteria, such as independent and attached type entrusted mediation. In addition, from different angles like court, the parties and society commissioned to analyze the functional value of entrusted mediation system, and thus more clearly practical significance of the system development.The second part investigates the similar system of different regions including America and Japan to help with the practice of entrusted mediation system improvement.The third part introduces the individual representative court, involving mediation program specification, personnel and organizational structure, scope and so on, and then has a summary of the results achieved with its problems found.The fourth part makes recommendations for further improvement of entrusted mediation system. Many aspects Including the principles that should be followed, the court’s role orientation, choosing the subject, the support of other departments as well as the basic setup to be explored, expecting to be helpful to the development of entrusted mediation system.