On Our Civil Court Mediation

In the current environment of building a harmonious society, our country has experienced ups and downs court mediation high and low valley after recent attention again theory and practice community. This article is in this background, the Court launched a mediation system analyzed and discussed. Brought into the judicial system reform, to guide the improvement of court mediation system. In this paper, an overview of the court system as the beginning of the mediation, analysis and comparison of similar court mediation system, clearer found deficiencies from the status through court mediation system in the relevant countries and regions. Then put forward reform and improve vision. The thesis is divided into four chapters:The concept of court mediation system, the nature of the role. In the clear meaning of the Court Mediation System, the deeper introduces its nature and effect, let us more deeply understand the significance of court mediation.Relevant countries and regions like the court mediation system inspection. This chapter analyzes the U.S. mediation system, litigation settlement system in Germany and Japan, and Taiwan District Court mediation system mediation system, so that the presence of the court mediation system to clear our shortcomings. Foreign experience and learn from the breakthrough point of perfecting our court mediation system.Status and lack of court mediation system. This chapter first describes the current situation of court mediation system, followed by another analysis of the shortcomings of our court mediation system. Firstly, the lack of protection for voluntary mediation, and adjust the evils of one-trial mode, no further analysis of openness, open contradiction with the principles of confidentiality and duration of the mediation provision does not explicitly issue. In turn, the analysis of the provisions of the parties the right to go back on properly. Finally, analysis of the oversight of the mediation process defects. This chapter analyzes the attitude to make up for the perfect court mediation system behind the problems.Perfect vision of our court mediation system. This part of the discussion is the focus of the entire article, the first of several mediation system reform program carried out assessment, then made perfect in our court mediation system specific ideas. This chapter closely analyze the issues raised above described.