Research Of Our Country’s Mediation System Of Divorce Proceedings

As an important mechanism to settle disputes, mediation has the characteristics of non-confrontational. It is on the premise of volunteered for the parties, to seek mutual understanding and compromise, to ease the contradiction between the parties, and to urge the parties to make a rational choice, plays an important role in promoting social harmony. The use of mediation in divorce cases has become the consensus of the people’s courts at all levels. China’s “marriage law” stipulated that mediation is the necessary procedure of divorce proceedings, but has no rules about how to practice the divorce mediation and theoretical study also is shallow. This article through to the study of the theory of the divorce mediation system at home and abroad, summed up the divorce mediation in our country exists some problems and puts forward corresponding countermeasures and suggestions to solve these problems, in an attempt to help perfect the system of divorce mediation in our country.This article is divided into four parties to discuss the divorce mediation system in our country. The article first discusses the meaning of lawsuit mediation and the characteristics of mediation of divorce proceedings. The lawsuit mediation also called the court conciliation, is an important way to deal with civil disputes and its core is the voluntary principle. Personality characteristics of mediation of divorce proceeding is different from the general litigation mediation mainly include the case range of specificity, the subject of litigation between the public and private and the particularity of the program. In this paper, the divorce mediation system in our country the evolution of legislation and judicial interpretation are analyzed and put forward the problems of the system, such as mediation personnel selection problem, lack of minor children benefit protection system, visitation right dispute mediation lacks third assistance system, lack of court mediation in accordance with the authority to investigate evidence system and parents education system. This article also discussed the divorce mediation system of Australia, the United States, Japan and Germany and summarized the beneficial enlightenment to our country. Finally aiming at the existing problem of divorce mediation system in our country put forward the corresponding countermeasures and suggestions which clearly mediation judges qualifications and hire a mediator from society, clearly in the mediation consult the opinions of children system and measures and the children’s interests agent system, to establish the third person to assist in the visitation right dispute mediation system, clearly the court inquiry the evidence by authority system and parental education system in the mediation.