C City Court Of Civil Lawsuit Mediation Research Report

Our country lawsuit mediation docking mechanism in continuously hone staggered start. In order to build big mediation pattern, lawsuit mediation docking mechanism is an attempt to solve the innovation of the existing social disputes. Since 2008, the supreme people’s court to establish "mediation priority, sentenced to combine" work principle, the court mediation increased awareness at all levels, trying to explore the mediation method, active mediation mechanism innovation, improve mediation ability, make the docking litigation mediation work construction has made significant results. Lawsuit mediation docking mechanism is to break the barrier of the country all authority departments of the premise, to give full play to solve the social contradictions of the rule of power and administrative power and social power. Court in the concept of "mediation priority" as the guiding ideology of the daily work, help to different departments to play its proper role, optimizing the properties of different department working configuration. Based on C city, lawsuit mediation as the breakthrough point, the use effect of docking mechanism for traffic accident damage compensation cases, insurance disputes cases, labor arbitration cases, protection of women and children cases as an example, analyzed the present stage in the process of the lawsuit mediation docking work possible problems, such as: our country about the lawsuit mediation docking mechanism without specific legal provisions, many have different courts in the process of implementation of the standard, easy to cause confusion of conciliation proceedings;The scope of mediation in case not clear; Mediation time unlimited; Court locate obscure this kind of problem can affect the court’s work efficiency, authority; Or the courts at all levels in order to popularize compulsory mediation by docking litigation mediation work of individual phenomenon, can not earnestly safeguard, the power of the parties failed to live up to the parties to a trust, etc. These easy to appear in the lawsuit mediation work docking process problems need to focus on lawmakers and law enforcers. Pay attention to these problems, however, is only legal workers carry out the first step in the lawsuit mediation docking mechanism, it is more important is to find a solution. As specified in legislation focused on docking litigation mediation work of the working procedures, make the law enforcers really do each step, there are laws will not result in a "fragmented" phenomenon; Draw a few kinds of common lawsuit mediation docking case scope; Time limit of mediation; Clear the status of court in conciliation link, it all helps v adjustable cohesion workers work order and integrity; Law to protect the parties questions clear, detailed regulations will help to avoid the phenomenon of compulsory mediation, enhance the confidence of the parties to the mediation work, enhance the credibility of the court.Want to docking litigation mediation work long use, also need to corresponding supervision mechanism and staff, with the money. On the one hand, the supervision work is divided into external supervision and internal supervision, two-way supervision and easier to make docking litigation mediation work error correction and correction;on the other hand, adequate human and financial resources to ensure more help for the docking litigation mediation work of solid walls.