The Program Of Mediation First

The Civil Procedure Law has been modified in 2012,which identified the mediation first system, and the article 122 of the law says that "Civil disputes that sue to the people’s court should be mediated first, except that the parties refuses." This is docking litigation and mediation mechanism in the first embodiment of law, and highlight the important role in the solution of dispute mediation.In the face of various complicated cases, the court under working pressure at the same time, the parties also pay a large economic cost and time cost, unde rthis background of the reform, the the mediation first system, arises at the historic moment. The new Civil Procedure Law has been put into effect for two years,the mediation first system has began to apply in each place.Across the practice operation, the article 122 is a bit simple,it does not solve the various problems in the judicial practice.For example,who is the subject of such mediation, the case scope is limited or not, what is the effect of the settlement agreement and so on.Such a series of problems need to be answered.Therefore, the paper combined with practice, just to disscuss the precudures of this systerm.In addition to the preface and epilogue, there are five pars in this artical.In the first part,it analyses the current situation of mediation first.It is mainly on the problems existing in the practice and controversy, both academic and practical circles.There is no unified recognition about the systerm and the scope of application is not clear too;It also appears relatively chaos on operating procedures;The lack of the rights of the parties guarantee mechanism, when the mediation is over with sucess; how to considered the effect of the settlement agreement;When the mediation is failed, how to combine the mediation and litigation in suitable procedure.The second part is about "the understand of the nature about the systerm should be unified".At first we should make sure what is litigation and non-litigation, and the difference between them;Secondly referce the differences between mediation and conciliation first priority, mediation first focuse on the procedural arrangements, mediation priority is a kind of value judgment;Finally points out that mediation first belongs to a kind of multiplex dispute solution, but it is also different from traditional ADR, it belongs to the judicial ADR.The third part is about " the scope of the cases".From the legislation style, legislation purpose and perspective of the theory of "anymore about", combining with the existing laws and regulations,thescope of the cases can be classifed to suitable,adjustable and not adjustable.The fourth part is about the precedures of mediation first syeterm.The start of the program;Considering the court in a passive state, given the right to apply for the parties;On the jurisdiction of the court, follow "the provisions of the jurisdiction of the Civil Procedure Law";For the subject,choosing good professional personage to mediate with the judge, at the same time pay attention to the quality of the mediator training;For the principle of mediation, in addition to follow the principle of legal, voluntary, more should focus on secrecy, it not only refers to the mediation process, it also emphasis on the parties to achieve some of the information in the mediation shall not be disclosed or used as evidence in the subsequent lawsuit;About mediation fees, considering the cohesion, and subsequent legal proceedings, early in the mediation of advance part of the mediation is feasible.The fifth part is that "we will improve the mechanism of the rights of the parties".If the mediation is successful, the parties reach a conciliation agreement, the conciliation statement is issued by the judge, giving the conciliation agreement enforced;If the mediation fails, mediation and litigation should be linked well.If the mediation fails, the court must let the parties to choose correct guidance, clearing the deadline of mediation, which should not be delayed too long;The times of mediation is also limited, in order to strengthen the protection of the parties litigation right.