Alienation Of Civil Mediation And Rational Return Of Judicial Authority

Lawsuit mediation becomes an important closed manner for current courts in civil justice, because it has unique advantages of resolving contradictions and promoting social harmony. However, civil retrial review finds that judicial authority has serious alienation phenomenon in mediation process, while lawsuit has higher mediation. It should have made paper of civil mediation on the basis of party autonomy, voluntary and consensus, but it is retrial, because there is a problem. Thus, the original intention that settles the dispute efficiently and rapidly vanishes like soap bubbles. Though parts of cases may be insufficient of retrial, mediation process and results are queried. This not only damages value of mediation, but also damages credibility of people’s court and effective judgment greatly. Based on it, this paper begins with alienation phenomenon of judicial authority exposed in application for retrial in paper of Huai’an two-stage court’s civil mediation, analyzes deep legal problems involved by alienation, and explores an effective approach to make civil mediation return to normal orbit and realize proper significance.This paper can be divided into three parts. Part one is overview of mediation: first of all, it elaborates connotation, nature and function of mediation in theory and lays a foundation on further discussion. Afterwards, it settles history of Chinese mediation system briefly, so as to realize current mediation system comprehensively and deeply, find out traditional foundation for current mediation system, and pay attention to negative and positive influences of centuries-old mediation traditional on contemporary China. Next, it introduces mediation system of other countries and areas selectively, with the purpose of explaining popularity of mediation and trying to provide reference for reformation of Chinese lawsuit mediation system. Part two is the main body of this paper. This paper mainly combines with mediation practice of Huai’an two-stage court’s civil mediation cases, analyzes behaviors of current alienative lawsuit mediation system, and discusses reasons for alienation of civil mediation system. If part two discovers problems, proposes problems and analyzes problems, part three of this paper lies in solving problems. First of all, it elaborates necessity and significance of reforming lawsuit mediation system, introduces and reviews the dispute of existence or abolishment of civil mediation system in current theory circle, and ultimately emphasizes on elaborating conceive of reforming and perfecting our civil mediation system.